Professional Documents
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UGC Research Award in Law 2014
UGC Research Award in Law 2014
on
Impact Analysis of the Legal Aid Services Provided
By the Empaneled Legal Practitioners on the Legal
Aid System in City of Delhi
Submitted by:
Dr Jeet Singh Mann
Associate Professor of Law, National Law University Delhi
Ref. No.: F-30-1/2013 (SA-II) RA-2012-14-GE-DEL-1376
Dated: 17 March 2017
Preface
The Right to legal aid services, across the globe, have been recognised an integral part of
human rights and fundamental rights. The international instruments and municipal statutory
instruments have shaped the Apparatus of legal aid service. The Judiciary have been in the
forfront in promoting free legal aid services to poor people, who cannot afford to engage a
legal practitioner to protect this interests in courts. Providing right to access to speedy and
economical justice for the downtrodden strata of the society is one of the main mandates
of such legal aid services. The question that is haunting each one of us is “How far have
the services of legal aid efficiently been provided by the legal aid counsels empaneled and
whether the beneficiaries of the legal aid services are really satisfied form the quality of
services provided by the Legal Aid Counsels (LACs)?
The present empirical research on legal aid services delivered by the LACs has been carried
out under the University Grants Commission Research Award 201-14. The said research has
focused on two broad parameters of commitments and competency of the LACs for the low
quality of services and lack of trust over the services by the beneficiaries of legal aid services.
This empirical research has evaluated the professional skills such as arguments, articulation,
and drafting skills of the LACs for delivering legal aid services.
The research has also taken into account some parameters concerning the commitments of
the LACs toward the mandate of legal aid services system. Assessment of the competency
and commitments of LACs have been done on the basis of feedbacks from the interested
stakeholders such as judicial officers dealing with legal aid cases, the beneficiaries of the
legal aid services, the regulators of the legal aid services, and women respondents, who were
entitled to free legal aid services but opted for the paid services of private legal practitioners.
Despite lots of difficulties concerning access to courts, judges and other authorities,
researcher managed to collect primary data from 702 beneficiaries of legal aid services; 173
judicial officers dealt with legal aid cases in civil and criminal subject matters; 11 Regulators
(member Secretaries) of the Delhi Legal Services Authorities (DLSA) in Delhi High Court
Legal Services Committee; 174 Legal Aid Counsels (LACs); and 1039 women at Special
Courts and family courts, who were eligible but did not opt for the legal aid services for their
disputes, during Dec 2014 and Dec 2015, from 11 Districts and Delhi High Court in Delhi.
This research is a reflection of the valuable inputs on the commitments and competency of
the LACs from judicial officers, the LACs, regulators, beneficiaries and women respondents
of special category of respondents. The researcher besides collecting primary data has also
witnessed the proceedings in civil and criminal courts in those cases in which LACs were
involved. This research has also highlighted the difficulties faced by the major stakeholders
of the legal aid system in Delhi. Further, this research endeavour has also made some viable
solutions to overcome hindrances and to promote the quality of legal aid services. The Final
Report of the Empirical Research on the issue is also being forwarded to the policy makers on
legal aid services such as the Ministry of Law and Justice, National Legal Services Authority
(NALSA), DLSA and other concerned agencies for promoting quality legal aid services
across the State.
It is very pertinent to recognize and respect the contribution made by various professionals in
conducting the said empirical research. The researcher is of the firm believt that this research
assignment would not have been possible without the support and encouragement of some
judicial officers, regulators, beneficiaries and LACs.
Researcher is very grateful to the honorable Executive Chairman of the Delhi State Legal Aid
Services Authority (DSLSA) Hon’ble Mr. Justice Badar Durrez Ahmed, Judge Delhi High
Court, and other Hon’ble judges of the Delhi High Court for their support and guidance in
conducting this empirical research in Delhi High Court and 11 District Courts in Delhi.
This research would not have seenffectively completed without the encouragement and
blessings of then Session and District Judges of all the Districts and judicial officers in
civil and criminal courts in Saket, Rohini, Tis Hazari, Karkardooma, Dwarka, and New
Delhi court complexes in 11 Districts Courts. Due to confidentiality of the details of the
173 judicial officers in these courts is not being mentioned over here. Despite their hectic
schedule, interacted with and provided valuable inputs on the competency and commitments
of the LACs.
Research team is also obligated to 174 empaneled Legal aid counsels in civil and criminal
law panels in 11 districts courts, for providing valuable insight into the functioning of the
legal aid services in the Universe of the research.
This research is also thankful to then Member Secretary of NALSA, Ms. Asha Menon
Member Secretary DSLSA, Mr. Dharmesh Sharma, and then Member Secretary of Delhi
High Court Legal Services Committee Mr. Sanjeev Kumar Malhotra. Researcher is also
highly indebted to the Member Secretaries of the Districts Legal Services Authorities
(DLSAs) such as Mr. Arul Verma, Mr. Purshotam Pathak, Mr. Amit Arora, Mr. Hariyot Singh
Bhalla, Mr. Jay Thareja, Mr. Lovleen, Mr. Samar Vishal, Mr. Hem Raj, Mr. VK Jha and Mr.
Anuj Agrawal, for supporting the endeavors of research team in collecting primary data from
the beneficiaries, the LACs and regulators in their respective districts.
Further, this research is also beholden to Prof Ranbir Singh, Vice Chancellor of NLU Delhi
and Prof G S Bajpai, Professor, NLU Delhi in supporting and relieving the researcher from
all academic assignments during the course of the said research. Finally, this research is also
thankful to all those professionals, who have directly or indirectly supported the endeavours
of conducting and compiling the final report for the research.
10. Judicial officers: Judges in Civil and Criminal Courts in District Courts
Chapter I: Introduction
Table No. 1: Details of the proposed respondents and Actual respondents from
different categories of stakeholders of legal aid services.
Table No. 2: Details of the Respondents interviewed in the Universe
Chapter IV: Analysis of the primary data collected from the beneficiaries of
Legal aid services
Table No. 3: Beneficiaries of legal aid service
Table No. 4: Details of the Respondents beneficiaries
Table No. 5: Reasons given by the Beneficiaries for opting for Legal aid services
Table No. 6: Beneficiaries approach a private lawyer before approaching the free
legal aid
Table No. 7: Instances of availing the free legal aid services in the past
Table No. 8: Advice and other assistance by the LACs
Table No. 9: Communication on the Status of the Case to the Beneficiaries
Table No. 10: The LACs taking into accounts the submission of the beneficiaries
Table No. 11: Rating of the interaction
Table No. 12: How did the LACs explain the client’s state of affairs to the judicial
officers?
Table No. 13: LACs demanding money for attending the proceedings before Court
from Beneficiaries
Table No. 14: Complaints made during trial against the LACs by judicial officers
Table No. 15: Quantity of Complaints filed by the judicial officers during the trail
Table No. 16: Nature of Complaints
Table No. 17: Complaints made during trial against the LACs by beneficiary to judicial
officers
Table No. 18: Nos of complaints filed by the beneficiary during the trail
Table No. 19: Nature of Complaints about the services of LACs from beneficiaries
Table No. 20: Disciplinary actions taken against the LACs by the judicial officers
Table No. 21: Nature of disciplinary actions taken against the LACs by the Judicial
Officers
Table No. 22: Complaints made during trial against the LACs to the LSA
Table No. 23: Numbers of complaints filed by the beneficiary during the trail
Table No. 24: Nature of Complaints against the LACs
Table No. 25: Disciplinary actions taken against the LACs by the LSA
Table No. 26: Nature of disciplinary actions taken against the LACs
Table No. 27: Records of LACs replaced on complaint of the beneficiaries by the LAS
Table No. 28: Availability of the LACs for the discussion with clients
Table No. 29: Occasions of Availability of the LACs during the cases
Table No. 30: Place of Interaction between the LACs and the beneficiaries
Table No. 31: Duration of interaction between the LACs and the beneficiaries
Table No. 32: Difficulties faced in interacting with the LACs
Table No. 33: Evaluation of the commitment and devotion of the LACs by beneficiaries
Table No. 34: Rating of the commitment and devotion of LACs by beneficiaries
Table No. 35: Would you like to use the LAS in future for any other case?
Table No. 36: If you have same problem in future, would you like to use the services of
same LAC again?
Table No. 37: Rating of the services provided by the LACs- Quality of Arguments
Table No. 38: Rating of the services provided by the LACs- Quality of Presentation/
articulation
Table No. 39: Rating of the services provided by the LACs- Quality of Drafting Skills
Table No. 40: Rating of the services provided by the LACs- Degree of Satisfaction
(overall)
Table No. 41: Satisfaction level of the quality of services provided by LACs
Table No. 42: Rating of overall performances of the LACs
Table No. 43: Major problems faced by the beneficiaries while availing the services of
LACs
Table No. 44: Support for the Creation of a full time employment for the LACs
Table No. 45: Recommendations to improve the quality of legal aid service
Chapter V: Feedbacks from the Women, who were entitled to free legal aid
services, but did not opt for legal aid services
Table No. 46: Details of the proposed women respondents and Actual women
respondents of the special group
Table No. 47: Details of the Respondents interviewed
Table No. 48: Awareness of the benefits under free legal aid system
Table No. 49: Awareness on the process for claiming benefits under the free legal aid
system
Table No. 50: Instances of availing the free legal aid services in the past
Table No. 51: Reasons for not opting for services of Legal Aid Counsels
Table No. 52: Who did advise you for not opting for legal aid services?
Table No. 53: Appointment of private lawyers to defend the interests by the
beneficiaries
Table No. 54: Reasons for the engagement of private lawyers
Chapter VI: Analysis of Data collected from the Regulators of the Legal Aid
Services
Table No. 55: Details of the Regulators at DLSAs in 11 Districts Courts and High
Court
Table No. 56: Preferential qualifications for the empanelment of the LACs
Table No. 57: Justifications by the LACs for joining the legal aid services
Table No. 58: Places of Interaction between the LACs & the beneficiaries
Table No. 59: Duration (average of cases) of interaction discussion/briefing between
the LACs and the beneficiaries
Table No. 60: Duration (average) of trail of cases involving LACs: Civil Cases
Table No. 61: Duration (average) of trail of cases involving LACs: Criminal Cases
Table No. 62: Nos of Adjournments (Average)
Table No. 63: Difficulties faced by the LACs in interacting with the clients
Table No. 64: Complaints from Judicial officers about the services of LACs
Table No. 65: Nature of Complaints from judicial officers about the services of LACs
Table No. 66: Complaints against the LACs for demanding money from the
beneficiaries
Table No. 67: Instances of money demanded (average in cases)
Table No. 68: Action Taken by the LSA for demanding money
Table No. 69: Nature of Complaints from beneficiaries about the services of LACs
Table No. 70: Disciplinary actions taken against LACs by regulators
Table No. 71: Nature of disciplinary actions taken
Table No. 72: Actions taken by the LSA in case of an LAC leaves/reigns voluntarily
before the completion of tenure
Table No. 73: Actions taken in case LAC fails to live up to the expectation of
beneficiaries
Table No. 74: Mechanism provided to monitor the conducts of the LACs
Table No. 75: Implementation of Feedbacks from beneficiaries to evaluate the
services of the LACs
Table No. 76: Method of ensuring the accountability of LACs
Table No. 77: Maintenance of records for the grievances against the LACs
Table No. 78: Taking into account complaints against the LACs
Table No. 79: Rating of the services of the LACs: Quality of Arguments for the
subsequent empanelment
Table No. 80: Rating of the services of the LACs: Quality of Presentation
Table No. 81: Rating of the services of the LACs: Quality of Drafting Skills
Table No.83: Rating of the services of the LACs: Degree of Satisfaction (overall)
Table No. 84: Creation of a full time empanelment for the LACs
Chapter VII: Feedbacks from the judicial officers at Districts Courts & Judges at
Delhi High Court
Table No. 85: Details of the judicial officers interviewed
Table No. 86: Warning to the LACs by Judicial officers (without filing any complaints
before the Districts Legal Services Authority) [INFORMAL]
Table No. 87: Complaints made during trial against the LACs by judicial officers to
the districts legal services authority [FORMAL]
Table No. 88: Nature of Complaints filed by the judicial officers
Table No. 89: Complaints (formal and Informal) by the beneficiaries about the
services of LACs to the judicial officers
Table No. 90: Nature of Complaints (informal and formal) by the beneficiaries to
judicial officers
Table No. 91: Nature of actions taken against the LACs by the Judicial Officers
Table No. 92: Nature of disciplinary action taken by the LSA against the LACs
Table No. 93: Difficulties faced by the clients in interaction with LACs
Table No. 94: Rating of the commitment and devotion of the LACs
Table No. 95: Rating of overall Commitments of the LACs
Table No. 96: Rating of the services of the LACs: Quality of Arguments
Table No. 97: Rating of the services of the LACs: Quality of Presentation/articulation
Table No. 98: Rating of the services of the LACs: Quality of Drafting Skills
Table No. 99: Rating of the services of the LACs: Overall Degree of Competency
Table No. 100: Rating of the services of the PLPs: Quality of Arguments
Table No. 101: Rate services of PLPs: Quality of Presentation/articulation
Table No. 102: Rating of the services of the PLPs: Quality of Drafting Skills
Table No. 103: Rating of the services of the PLPs: Degree of Satisfaction (overall)
Table No. 104: Evaluation of the Competency of the LACs by Senior Judicial officers
in Session Courts and Special Courts in Districts
Table No. 105: Creation of a full time empanelment for the LACs
Table No. 106: Major difficulties faced by the judicial officers while dealing with the
LACs
Table No. 107: Recommendations for improving the quality of legal aid services
1.1. Introduction
It is very pertinent to mention the historical background to the formulation of Research
Proposal on the topic of legal aid services, before moving towards the research problems,
hypotheses, objectives and other important fundamentals of research design. In 2011, the
researcher, for the purpose of an International Conference organised by the Faculty of Law,
Delhi University, submitted a research paper titled “Restoring the faith of the beneficiaries
over the legal aid services in India”, which was also selected for the participation. During
the course of presentation in the said Conference, in a particular Technical session Chaired
by Senior Advocate Mr. Colin Gonsalves, Chairperson, Human Rights Law Network,
New Delhi, a lot of issues were raised about the herculean task of restoring the trust of the
beneficiaries of legal aid services over the legal aid services. Interaction with experts on legal
aid service in the Conference also provided valuable impetus for further research over the
quality of legal aid services.
After the completion of the said technical session, the researcher had detailed discussion
with Mr. Colin Gonsalves and other participants and experts on the subject of legal aid
services provided by legal aid counsels in India. The in-depth grilling of the subject matters
and ground realities conceding the quality of legal aid services provided by the Legal Aid
Counsels (hereinafter LACs), enriched the assimilation of subject matters of the researcher.
In 2012, modified research paper titled “Revitalizing the Faith of People in Free Legal Aid
Services Provided by the Empaneled Legal Practitioners: Challenges and Solutions”1 was
submitted to the International Journal on Law and Public Policy. The said Research paper
was published in the International Journal in 2013. Reputed scholars and civil societies also
appreciated the said research paper. Based on the publication, LAMBART Publications,
Germany, offered me to publish my research work in a book for the publication. At that point,
of time, researcher was not ready due to his academic assignments.
In 2013, a research proposal titled “Impact Analysis of the Legal Aid Services Provided By
the Empaneled Legal Practitioners on the Legal Aid System in the City Of Delhi” to carry out
empirical research in the State of Delhi , was submitted to the University Grants Commission
(UGC), New Delhi for the award of the UGC Research Award. The said proposal on legal aid
services, provided by the LACs in 11 Districts and Delhi High Court, after a tough screening,
was short-listed for the presentation. Researcher was directed to make presentation of the
said research proposal before an Expert Panel composed of Senior Academia form Law and
Social Sciences. In December 2013, the researcher was awarded with the UGC Research
Award in Law 2012-14 to conduct empirical research on the specified research topic related
to competency and commitments of the LACs for a period of two years.
Researcher has conducted An Empirical Research on the Commitments and Competency of
Legal Aid Counsels (LACs) under the UGC Research in Law 2012-14 in 11 Districts of State
of Delhi, and Delhi High Court. Initially researcher, tried to collect primary data from legal
aid counsels, judges, beneficiaries, regulators and women beneficiaries who had not opted for
1 International Journal of Law and Policy Review (IJLPR) ISSN (O): 2278-3156 Vol. 1 No. 2 July 2012
2
the legal services, despite the fact that women are entitled to free legal aid services irrespective
of income limits. Nevertheless, due to rigidity of access to the Supreme Court, we could not
proceed further. For the purpose of the said empirical research and collection of primary data,
researcher had framed 05 questionnaires- beneficiaries, Legal Aid Counsels (LAC), Regulators
of Legal Aid services, Juridical officers and those people (women) who were entitled to legal
aid services but did not opt for the legal services.
Researcher has collected primary data as per the structured and unstructured questionnaires
from the major stakeholders involved in the system of legal aid services in State of Delhi.
Despite the fact that there were lot of practical difficulties concerning access to courts,
judges and other authorities, this research managed to interview, 702 beneficiaries of legal
aid services; 173 judicial officers dealt with legal aid cases in civil and criminal subject
matters; 11 Regulators (member Secretaries) of the Delhi Legal Services Authorities (DLSA)
in Delhi High Court Legal Services Committee; 174 Legal Aid Counsels (LACs); and 1039
women at Special Courts and family courts, who were eligible but did not opt for the legal
aid services for their disputes, from 11 Districts and Delhi High Court in Delhi.
This research is a reflection of the practical experience of the Researcher on the quality and
competency of the LACs engaged by the legal services authorities in Delhi. This research
paper has also highlighted the difficulties faced by the major stakeholders of the legal aid
system in Delhi. Further, this research has made endeaour to seygel some viable solutions to
overcome hindrances and to promote the quality of legal aid services. The Final Report of the
Empirical Research on the issue will be submitted to the Ministry of Law and Justice, National
Legal Services Authority (NALSA), DLSA and other concerned agencies for promoting quality
legal aid services across the States.
This Research Report has been divided into Ten Chapters. First Chapter has provided a
brief overview of the empirical research conducted by the researcher on legal aid services.
Second Chapter deals with the Constitutional paradigm and recognition of legal aid services
under international and municipal instruments. Third Chapter has critically examined the
contribution of the Apex Judiciary in the promotion of legal aid services in India. Fourth
Chapter critically examines the feedbacks from the beneficiaries of legal aid services on the
competency and commitments of legal aid services and other relevant issues affecting legal
aid services in 12 Courts in Delhi.
Fifth Chapter has highlighted the responses from women respondents, who were entitled to
free legal aid services but opted for paid services of private legal practitioners. Chapter Six
has analysed the primary data collected from the Regulators of legal aid services at District
Legal Aid Services Authorities and Delhi High Court Legal Aid Committee. Seventh Chapter
has scrutinized the feedbacks from the judicial officers in civil and criminal courts and judges
from the Delhi High Court dealing with the LACs.
Chapter Eight focuses on the responses of the Legal Aid Counsels on the provisions of free
legal aid services in 12 Courts in Delhi. Further, Ninth Chapter has scrutinized the hypotheses
of the research based on the feedbacks from the stakeholders and personal observations of the
Researcher. Final Chapter has focused on the findings of the research and recommendation to
enhance the quality of legal aid services in 12 Courts in Delhi.
across the Nation. The LASS provides for informal process and free access to free legal aid
services in various forms to the specified beneficiaries.
The Central Government and State Governments have been allocating hundreds of crore
of rupees on the legal aid services in India. However, the ground realities depict a shoddy
picture of the legal aid programme. People do not trust the services of legal practioners
provided under the programme due to various contributing factors, which have also been
acknowledged by the Apex Judiciary of India in catena of cases. The need of the hour is to
generate trust of people by making the system efficient and effective.
It is reiterated that there is no dearth of statutory enactments on right to free legal aid in India.
Legal aid system is not functioning effectively and not catering to the requirements of the
beneficiaries. Legal aid services provided by the empaneled legal practitioners are free of any
charges but people in majority are reluctant to approach free legal aid authorities for availing
such services. The programme, even after spending huge resources, has not been able to achieve
the objectives, for which the system of legal aid hane been created in India.
Public is under impression that such legal practioners are not committed and sincere to the
objectives of the legal aid programmes but have considered these services as the platform for
cheap popularity only. It is pertinent to mention that the empaneled legal practitioners, which
are the main driving force of the scheme, has lost the recognition and faith of beneficiaries due
to their recklessness and incompetency.
The researcher has examined, both, the primary and secondary sources of information
on the subject, which include the relevant provisions of the Constitutional Law, the Legal
services Authorities Act, 1987, the Order 33 of the Code of Civil Procedure, 1908, Section
304 of the Criminal Procedure Code, 1973, the National Legal Services Authority (Free and
Competent Legal Services) Regulations, 2010, and National Legal Services Authority (Legal
Aid Clinics) Regulations, 2011, for in-depth scrutiny of the existing literature on regulating
legal aid services.
A pilot study was also carried out to scrutinize the quality of legal aid services provided by
the Legal Aid Counsels (hereinafter LACs) under the Legal Aid Services System (hereinafter
as LASS) in the South West District Court, Dwarka. Researcher also consulted with the
judicial officers dealing with civil and criminal offences at District Courts and High Courts,
LACs, Regulators (Member Secretaries), beneficiaries of legal aid services, NGOs involved
in supporting LASS and women Beneficiaries who were eligible for free legal aid services
but did not opt for the free legal services.
Researcher for the purpose of this research assignment has also examined newspapers
reporting of problems of legal aid services in India. Further, serving and former Member
Secretaries at the NALSA, DSLSA, and the Supreme Court Legal services Committee were
also discussed to critically study the functioning of the legal aid system specifically in Delhi
and generally in India.
Researcher is not aware of any specific research project/assignment previously conducted
by any researcher on the title. This research proposal is unique in itself, as it has focused on
the contemporary issues of low quality of legal research in order to stimulate legal research.
Legal aid has been recognized as a fundamental right under articles 21 and 39-A of the
Constitution of India. In consonance with the constitutional goals the Legal Services
Authorities Act, 1987 has been implemented to provide legal aids to disadvantaged group of
society in certain contingencies. All these legislations are social welfare legislations. Legal
aid system is not functioning effectively and not catering requirements of the beneficiaries.
The programme has not been able to achieve the objectives, as to provide access to judicial
4
system, for which huge resources have been spent by the state. Basic purpose of this exercise
is to endorse the interest of the weaker sections of the society, who do not have any access to
justice due to their incapacity. This research intends to highlights the hindrances in legal aid
services of empaneled practioners and makes remedial measures to promote the interest of
beneficiaries and ultimately the national interest.
This study have not only examined the existing legal framework pertaining to legal aid
programme but also practical relevance of the law. The proposed field study has highlighted
the difficulties in the operation of the scheme, which will help all stakeholders to examine the
utility of the existing law. This exercise will certainly facilitate promotion of the programme
and develop the jurisprudential aspect of the subject.
in legal aid services. In order to analyse and examine the identified research problems and
hypotheses, the proposed research intends to achieve the following objectives:
1.5. Hypotheses:
The proposed hypotheses will describe, explain and explore the relationship between
pertinent independent and dependent variables related to competency and commitments of
the LACs and its impact on the quality of legal system in the Universe. The proposed
research shall try to scrutinize the following hypotheses:
1. Dearth of Committed LACs has negatively affected the quality of legal aid services.
2. Lack of competency of the LACs has adversely affected the quality of legal aid services.
3. The LACs due to their incapacity and lack of commitment, have not lived up to the
expectation of the beneficiaries
4. Lack of Accountability of the LACs under the Existing System of Legal Aid Services
have diluted the quality of legal services.
5. Beneficiaries of the Legal Aid services have lost faith over the legal aid system
6. People prefer a private legal practitioner instead of LACs engaged under the free legal
aid services.
7. Ineffective control/monitoring over the LACs has resulted in the poor quality of legal
aid services.
remunerated on the basis of cases handled and other free legal services provided under
the Regulations, Rules and Legal Services Authorities Act 1987, to the beneficiaries.
d) Legal Aid System:(LAS).The LAS includes National Legal services Authority
(NALSA), State Legal Services Authorities (SLSA), District Legal Services Authorities
(DLSA), High Court Legal Services Committees (HLSC) and Supreme Court Legal
Services Committee (SCLSC) for providing and monitoring free legal aid services
according to Rules, Regulations and the LSA 1987.
e) Judicial officers dealing with cases involved Legal aid Counsels:Judicial officers for
the purpose of this research would include, Civil judges, (senior and Junior division),
and Magistrates (Chief Judicial Magistrate, First and Second Class Magistrate,
Metropolitan Magistrates in Metropolitan cities) & Session Judges dealing with serious
crimes such as murder, rape etc; dealing with disputes/complaints involved LACs.
f) Regulators of the Legal aid Services:Member Secretaries and other members,
Chairman and Executive chairperson appointed to regulate legal aid services at Districts,
State, High Courts, and Supreme Court as per the directions of the Regulations, Rules
and LSA 1987.
g) Beneficiaries of Legal aid services2:People, who are entitled to free legal aid services
under Section 12 of the LSA 1987, before various judicial and quasi-judicial authorities.
Free legal services are provided to women, ST, SC, workman, person below poverty
line, person having an annual income less than the specified stipulated income limit,
victims of disaster, disabled persons etc.
2 Section 12 the LSA Act requires LSAs to give free legal aid to: Members of Scheduled Castes, Members of
Scheduled Tribes, victims of trafficking in human beings or begar, Women, Children, Persons with disabilities,
Persons under circumstances of undeserved want e.g. victims of a mass disaster, ethnic violence, caste atrocity,
flood, drought, earthquake or industrial disaster, Industrial workmen, Persons in custody, Economically vulnerable
person.
7
legal aid system; and , People prefer a private legal practitioner instead of LACs for legal
services.
Proposed Actual
Sl No Category of Respondents
Respondents Respondents
Beneficiaries (Each District Court and Delhi High
1. 60 ´12 = 720 702
Court )
2. LACs (Each District Court and Delhi High Court) 16 ´12 = 192 174
Civil Courts 8
Criminal Courts 8
Judges/Judicial Officers ( 16 Each District Court
3. 16 ´12 = 192 173
and Delhi High Court )
Civil Court: 8
Criminal Court: 8
3A Session Judges for Serious Crimes 11 ´4 = 44 56
Regulators: (Each District Court and Delhi High
4. 1 ´12 = 12 11
Court )
9
The proposed research shall carry out a pilot study before the finalisation of total numbers of
respondents and questionnaires in each category of the stakeholders involved in imparting
legal education and research in the Universe for the proposed research. The proposed research
is designed to collect primary data through Questionnaire by personal visits from the universe
(North, south, East, West, North West, South East, Central, Shahdara, New Delhi and South
West and North East Districts in Delhi and Delhi High Court. The District Legal Services
Authorities, the Delhi High Court legal services authority, the Supreme Court Legal Services
Authority, the Delhi State Legal Services Authority and National Legal Services Authority
(NALSA), New Delhi.). Research has proposed to frame five questionnaires, according to
the requirements of research problems and objectives of this research sought to be achieved,
for relevant respondents. Stratified sampling method has been selected in order to collect
accurate representative samples from the respondents in universe.
The proposed researcher shall carry out a pilot study before the finalisation of questionnaires
in each category of the stakeholders involved in imparting legal education and research
in the Universe for the proposed research. In order to examine the research problems and
achieve research objectives, the research project has proposed to frame questionnaires for the
following categories of respondents:
d) Judicial and Non-judicial authorities at the district courts in Delhi, and Delhi High
Court, before whom some cases are pending or have been decided in which legal aid
services have been provided.
e) Women, who were entitled to free legal aid services, but did opt for paid services of
private legal practitioners
1.9. Utility of the Research for the promotion of Legal Aid Services
This research project is certainly intended to contribute to the existing literature including
legislations and judicial pronouncements on the legal aid programme. The researcher would
examine the operational problems relating to the legal aid programme and possible solution
of the problems in form of some suggestions/recommendations, which may provide genuine
grounds for some amendments in the existing legislations. Therefore this research project
would certainly expand the horizons of the existing pool of knowledge thereby would
promote the jurisprudential aspect of the subject.
Chapter II
2.1. Introduction:
Free Legal aid services has a close relationship with the welfare state and the provision
of legal aid by the State, is influenced by attitudes towards welfare. Legal aid is a welfare
provision by the state to people who could otherwise not afford access to the legal system.
Legal aid also helps to ensure that providing people entitled to welfare provisions, such
as social housing, with access to legal advice and the courts, enforces welfare provisions.
Historically legal aid has played a strong role in ensuring respect for economic, social and
cultural rights which are engaged in relation to social security, housing, social care, health
and education service provision, which may be provided publicly or privately, as well as
employment law and anti-discrimination legislation.3
As classic welfare states were built, it was assumed that citizens had collective responsibility
for economic, social and cultural rights and the state assumed responsibility for those unable
to provide for themselves through illness and unemployment. The enforcement of economic,
social and cultural rights was to be collective, through policies rather than individual legal
action. Laws were enacted to support welfare provisions, though these were regarded as laws
for planners, not lawyers. Legal aid schemes were established as it was assumed that the state
had a responsible to assist those engaged in legal disputes, but they initially focused primarily
on family law and divorce.4
Therefore, legal aid services strive to ensure that the constitutional pledge is fulfilled in its
letter and spirit and equal justice is made available to the downtrodden and weaker sections
of the society. It is the duty of the State to see that the legal system promotes justice based
on equal opportunity for all its citizens. It must therefore arrange to provide free legal aid to
those who cannot access justice due to economic and other disabilities.5
Social Justice as a key concept in legislative policy and it administration of justice is of
relatively recent origin. The emergence of the welfare state and recognition of equality and
basic human degree as the decisive tests for civilized government and role of the state in
ordering them. Equality not merely in form but in substance is today the main spring of
social moments and foundation of political organisations everywhere. Equality is the basis
of all modern systems of jurisprudence and administration of justice. In so far as, a person
is unable to obtain access to a court of law for having his wrongs redressed or for defending
himself against a criminal charge, justice becomes unequal and laws, which are meant for his
protection, have no meaning and to that extent fail in their purpose. Unless some provision
is made for assisting the poor man for the payment of court fees and lawyer’s fees and other
incidental costs of litigation, he is denied equality in the opportunity to seek justice”.6
3 Regan, Francis “The transformation of legal aid: comparative and historical studies”. Oxford University Press.
1990 pp. 89–90.
4 Ibid
5 S Jain, Free Legal aid; available at http://www.lawyersclubindia.com/articles/Free-Legal-Aid-5166.asp#.
UWpqLLVaZSg/ accessed on 12 Jan 2016
6 Report No 14; Law Commission of India, 1958, See also Dr J.S. Singh; Right to legal aid. A human right
perspective; Naya Deep Vol. VIII issue-3. 2007
12
The challenge of social justice is an essence of the challenge for equal opportunity and for
equal protection of the laws. Today the challenge before legislators and judicial statements is
to develop appropriate policies and forge relevant tools to promote equality with freedom and
protect fundamental right with social justice. The promise of social justice find expression
in the Preamble to the Indian Constitution. The Constitution of India aims to secure to all
citizens, justice, social, economic and political and equality of status and of opportunity. The
provisions of the Constitution should be interpreted and implemented in such a way that the
legal justice to be available to all the people of India including poor, indigent, weaker and
helpless and illiterate sections of the society.7
7 Dr J.S.Singh; Right to legal aid. A human right perspective; Naya Deep Vol. VIII issue-3, 2007, pp 74, See also
Social Justice and the Indian Legal System. N.R.Madhava Menon and Dr.A.C.Pal and Mrs. Rupa Mehta , Civil and
Military Law Journal Vol-41, 2005
8 Justice T .Mathivanan, Judge, Madras High Court; Legal Aid Issues, Challenges And Solutions: An Empirical
Study, Page No 28-29
9 Ibid, Page No 8; Also Refer EARL. Johnson Jr., Justice and Reform: The Formative years of the American Legal
Services Program (1974), and John A. Dooley & Alan W. Houseman, Legal Services History ch.1 (Nov 1985)
(unpublished manuscript, on file with National Center on Poverty Law.
10 Introduction on Legal aid services: NALSA, New Delhi available at web site of the NALSA
13
assumed common goals. Individuals were free to pursue their own goals. The welfare state
in this time expanded along with legal aid provisions as concerns emerged over the power
of welfare providers and professionals. This led to increasing calls in the 1960s and 1970s
for the right of individuals for legally enforcing economic, social and cultural rights and the
welfare provisions. Mechanisms emerged through which citizens could legally enforce their
economic, social and cultural rights and welfare lawyers used legal aid to advice those on low
income when dealing with state officials. Legal aid was extended from family law to a wide
range of economic, social and cultural rights.11
The Government of Bombay instituted a Committee on Legal Aid and Advice in 1950
headed by Bhagwati J. The Committee suggested two tests for determining eligibility for
legal aid (I) Prima facie case test (II) Means Test. In the same year Sir Arthur Trevor Harris,
a retired Chief Justice of the Calcutta High Court, put forth another scheme of legalaid. The
Committee suggested that the party assisted need, not pay Court fee, process fee etc., and that
Legal Aid Fund should bear such expenses of assisted person.12
Justice P.N. Bhagwati was also Chairman of the Legal Aid Committee appointed by the
Government of Gujarat for suggesting ways and means of providing free legal aid and advice
to the poor and weaker section of the community; and also acted as Chairman of the State
Legal Aid Committee for running the Pilot Project of free Legal Aid and Advice in Gujarat.
He worked successfully to build up an elaborate legal aid programme. He is widely regarded
as the originator of India’s legal aid programme, including setting up of legal aid camps in
rural areas, working with NGOs, establishing legal aid clinics etc.13
For the first time the Law Commission of India in 1958 in its 14th Report emphasized equal
justice and free legal aid. The 14th Law Commission Report, 1958 stated the fact that if laws
do not provide for an equality of opportunity to seek justice to all segments of society, they
have no protective value and unless some arrangement is made for providing a poor man the
means to pay Court fee’s, advocates fees and other incidental costs of litigation, he is denied
an opportunity to seek justice.
Justice V Krishna Iyer was appointed as the Chairman of Committee for Legal Aid 22nd on
October 1972. The Committee after conducting sample surveys of large part of the country
submitted its report to the Government on the 27th day of May 1973. The report of the
Committee on Legal Aid titled “processionals justice to poor”, has dealt with the nexus between
law and poverty. The Report also emphasized the need for active and widespread legal aid
system that enabled law to reach the people, rather than requiring people to reach the law.
The first major report on legal aid came in 1973 from the Expert Committee on Legal Aid of
the Ministry of Law and Justice, chaired by Justice V. R. Krishna Iyer. In stressing the need
for a statutory basis for legal aid, the Committee emphasized that, “legal aid is an integral part
of the legal system, not a matter of charity or confined to the four walls of the court building.”
Further, the report has also recognized the need of providing legal aid services to the poor to
deal with the nexus between law and poverty. 14
In 1976, a Committee was appointed under the Chairmanship of Justice P.N.Bhagwati and
Krishna Iyer to recommend ways and means of implementing the report on legal aid. In
1977, Committee submitted a report to the then Law Minister Sen., titled “National Juridicare
Equal Justice and Social justice”. The Juridicare Committee was intended to revise, update,
revaluate, and supplement the report of Expert Committee, and its report concentrated more
on the viability and working conditions of legal aid programs. The Juridicare Committee
recognized the value of lawyers’ services in seeking remedies or asserting rights, and placed
comprehensive legal aid projects as a high priority in the State’s responsibility. The main
thrust of the report was the recognition that a legal services program that reflected western
attitudes and ideals could not work successfully in India because only a few of the problems
of the poor are true legal problems. The Committee believed that a legal aid program should
aim at radical transformation of the socio-economic structure, and concluded that the legal
profession must recognize law as a potential instrument to eradicate poverty by securing
equal distribution of material resources of the country.15
The report while emphasizing the need for a new philosophy of legal service programme
cautioned that it ‘must be framed in the light of socio-economic conditions prevailing in the
Country’. It further noted that ‘the traditional legal service programme which is essentially
Court or litigation oriented, cannot meet the specific needs and the peculiar problems of the
poor in our country’. The report also included draft legislation for legal services and referred to
Social Action Litigation.
In 1980, a Committee at the national level was constituted to oversee and supervise legal
aid programmes throughout the country under the Chairmanship of Hon. Mr. Justice P.N.
Bhagwati then a Judge of the Supreme Court of India. This Committee came to be known as
CILAS (Committee for Implementing Legal Aid Schemes) and started monitoring legal aid
activities throughout the country. The introduction of Lok Adalats added a new chapter to
the justice dispensation system of this country and succeeded in providing a supplementary
forum to the litigants for conciliatory settlement of their disputes. 16
In 1987, Legal Services Authorities Act was enacted to give a statutory base to legal aid
programs throughout the country on a uniform pattern. Legal aid is the provision of assistance
to people otherwise unable to afford legal representation and access to the court system.
Legal aid is regarded as central in providing access to justice by ensuring equality before the
law, the right to counsel and the right to a fair trial. A number of delivery models for legal aid
have emerged, including duty lawyers, community legal clinics and the payment of lawyers
to deal with cases for individuals who are entitled to legal aid.
The legal aid instruments have been amended several times to suit the requirements of legal
aid beneficiaries and control over LACs.
15 Report on National Juridicare: Equal Justice- Social Justice, Government of India, 1977
16 Introduction to Legal Aid system In India: NALSA, New Delhi available on the web site of the NALSA
17 United Nations Publication, The United Nations and Human Rights, New York, 1984
15
aid social justice to all was not possible. Therefore, after due advance preparation under
the auspices of the League of Nations, International Committee of Legal Aid experts met
at Geneva from 30 July to 31 August 1924. France, England, Norway, Italy, Poland, Spain,
U.S.A, and Japan sent their representatives to participate in the conference. Justice for the
poor was the primary issue in those meetings. The League of Nations submitted a report in
1927 on the survey regarding legal aid in various countries.18
The philosophy embodied in the Universal Declaration of Human Rights 1948 in its very
preamble, enshrine the concept of socio-economic justice. Legal aid concept is not expressly
but implicitly enumerated in the Declaration to protect the dignity of human beings. Legal aid
as a human right is envisaged in Articles 7, 8 and 10 of the UDHR.
The European Convention of Human Rights 1950, which was signed in Rome on November
4, 1950 and brought in force in 1953, under Article 6(3) (C) provides that “every one charged
with a criminal offence has the following rights: to defend himself in person or through legal
assistance of his own choosing or if he has no sufficient means to pay for legal assistance to
be given it free when the interests of justice so require.”19
The third United Nations Conference on the Prevention of Crime and Treatment of Offender,
1965 at Stockholm, has recognized need for legal aid. The availability of legal aid for accused
and convicted persons was discussed in this conference. There was unanimity on the need to
provide legal assistance to arrested and accused persons and to convicted persons.20
Article 14 of the International Convention of Civil and Political Rights 1966 stipulates that
everyone have the right to an effective remedy by the competent national tribunals for acts
violating the fundamental rights granted by the Constitution or by law.
The American Convention on Human Rights 1969 in Article 24 provides that all persons are equal
before the law; consequently, they are entitled without any discrimination to equal protection
of law. Under Article 8(2) (e) of the Convention, during the trial proceedings, every indigent
person is entitled with full equality, the inalienable right to be assisted by counsel provided by
the state. Indigent person is who does not defend himself or engage his own counsel.21
Article 1 of the Convention On International Access To Justice, 1980 envisages that
irrespective of nationality of the persons who habitually is resident of contracting state is
entitled to legal aid for the court proceedings in civil and commercial matters as if they
were nationals of that state. This Article apply to cases not only which are pending before
courts but also tribunals as well. Further, Article 11 declares that parties no need to pay for
transmission, reception or determination of application for legal aid.22
The African Children’s Charter 1990, which was adopted by the Organisation for African
Unity in 1990 and came into force with effect from Nov.29, 1999 in Art.17 (2)(c)(iii) states
that State has to provide to every child accused legal assistance for his defence, when he is
unable to appoint advocate at his cost. It is mandatory obligation and not a charity.23 Further,
the International Convention On The Protection Of The Rights Of All Migrant Workers And
18 Dr. Sharma S.S, Legal Services, Public Interest Litigations and Para Legal Services; Central Law Agency,
2003, pp 42
19 Bimal N Patel, A Comprehensive guide of laws of Human Rights in Commonwealth Countries, 2007, Wadhwa
, Nagpur, pp 88.
20 Sujan Singh, Legal Aid Human Right to Equality; Deep & Deep Publications, New Delhi, 1996, pp 15
21 Available at http://www.hrcrorg/docs/American_convention/oashr5.html; accessed on accessed on 14 Jan 2016
22 The Hague Conventions, available at httpillwww.legallanguage.com/hague/haguetx29e.html; visited on 17 Jan
2016
23 Supra note 19 pp15
16
Members Of Their Families,1999 under Art.18 (3)(d) provides that migrant workers against
whom criminal charges were made, are entitled to legal assistance, where the interest of
justice so require, at state expense.24
The Principles For The Protection Of Persons With Mental Illness And The Improvement Of
Mental Health Care,1991, under principle 18 stresses upon that the patient is entitled to choose
and appoint a counsel to represent the patient as such, including representation in any complaint
procedure or appeal. If the patient does not secure such services, a counsel has to be provided
without payment by the patient to the extent that the patient lacks sufficient means to pay.
The instrument of legal aid services across the globe have been recognised as a part of
fundamental human right under the international instruments, conventions, codes and
agreement. It is a matter of fact that international instruments have promoted the enactment
of domestic legislations on the provision of legal aid services in civil and criminal offences.
Legal aid services to poor and economical backward people, who cannot engage a legal
practitioner for defending their interests in civil and criminal courts, is being provided as
per the mandate of domestic statutory instruments. Countries across the World out of public
exchequer have been providing legal aid services as measure to promote social justice and
speedy and economical justice to down trodden strata of the society.
27 The Constitution of India, Article 39A, “The state shall secure that the operation of the legal system promotes
justice on a basis of equal opportunity, and shall in particular, provide free legal aid, by suitable legislation or
schemes in any other way, to ensure that opportunities for securing justice are not denied to any citizen by the
reasons of economic or other disabilities”.
28 The Code of Criminal Procedure, § 304, “Legal aid to accused at state expense in certain cases: (1) where, in a
trial before the court of session, the accused is not represented by a pleader, and where it appears to the court that the
accused has not sufficient means to engage a pleader, the court shall assign a pleader for his defence at the expense
of the state. (2) the high court may, with the previous approval of the state government make rule providing for- (a)
the mode of selecting pleaders for defence under sub-section (2); (b) the facilities to be allowed to such pleaders by
the courts; (c) the fee payable to such pleaders by the government, and generally, for carrying out the purposes of
sub-section (1). (3) the state government may, by notification, direct that, as from such date as may be specified in
the notification, the provisions of sub-sections (1) and (2) shall apply in relation to any class of trials before other
courts in the state as they apply in relation to trials before the courts of session.”
29 (1981) 1 SCC 635
18
“… [T]he State is under a constitutional mandate to provide free legal aid to an accused person
who is unable to secure legal services on account of indigent and whatever is necessary for
his purpose has to be done by the State. The State may have its financial constraints and its
priorities in expenditure… the law does not empower any Government to deprive its citizens
of constitutional rights on a plea of poverty” Moreover, this constitutional obligation to provide
free legal services to an indigent accused docs not arise only when the trial commences but also
attaches when the accused is for the first time produced before the magistrate. It is elementary
that the jeopardy to his personal liberty arises as soon as a person is arrested and produced
before a magistrate, for it is at that stage that he gets the first opportunity to apply for bail and
obtain his release as to resist remand to police or jail custody. That is the stage at which an
accused person needs competent legal advice, representation and no procedure can be said to
be reasonable, fair, and just, which denies legal advice and representation to him at this stage.
We must, therefore, hold that the State is under a constitutional obligation to provide free legal
services to an indigent accused not only at the stage of trial but also at the stage when he is first
produced before the magistrate as also when he is remanded from time to time”30
30 Ibid
31 The Code of Civil Procedure, 1908, Order 33 Rule 17
32 The Code of Civil Procedure, 1908, Rule 9A “Court to assign a pleader to an unrepresented indigent person (1)
where a person, who is permitted to sue as an indigent person, is not represented by a pleader, the court may, if the
circumstances of the case so require, assign a pleader to him. (2) the high court may, with the previous approval of
the state government, make rules providing for— (a) the mode of selecting pleaders to be assigned under sub-rule
(1); (b) the facilities to be provided to such pleaders by the court; (c) any other matter which is required to be or may
be provided by the rules for giving effect to the provisions of sub-rule (1).”
33 Act No. 39 of 1987; w e f October 11, 1987
19
a civil, criminal or revenue court and includes any tribunal or any other authority constituted
under any law for the time being in force, to exercise judicial or quasi-judicial functions. As
per Section 2(1)(c) ‘legal service’ includes the rendering of any service in the conduct of any
case or other legal proceeding before any court or other authority or tribunal and the giving
of advice on any legal matter.
The National Legal Services Authority is a statutory body, which has been set up for implementing
and monitoring legal aid programs in the country. The Supreme Court Legal Services Committee
has also been constituted under the Act. In every High Court also, The High Court Legal Services
Committees are being established to provide free legal aid to the eligible persons in legal matters
coming before the High Courts. The Legal Services Authorities Act, 1987 also provides for
constitution of the State Legal Services Committees, High Court Legal Services Committees,
District Legal Services Committees and Taluk Legal Services Committees.34[33]
34 Supra note 9
20
DELHI STATE
DELHI STATELEGAL SERVICESAUTHORITY,
LEGAL SERVICES AUTHORITY, PATIALA
PATIALA HOUSE
HOUSE COURTS,
COURTS,
NEW DELHI ORGANIZATIONAL CUM STRUCTURE
NEW DELHI ORGANIZATIONAL CUM STRUCTURE
PATRON-IN CHIEF/DSLSA
EXECUTIVE CHAIRMAN/
JUDGE, HIGH COURT OF DELHI CHAIRMAN/ JUDGE, HIGH
DELHI STATE LEGAL SERVICES COURT OF DELHI/
AUTHORITY HIGH COURT LEGAL
SERVICES COMMITTEE
SECRETARY, DHJS
DELHI HIGH COURT LEGAL
SERVICE COMMITTEE
OFFICER ON SPECIAL DUTY
DHJS/ DSLSA
ADMINISTRATIVE OFFICER
SENIOR ACCOUNTS OFFICER
SUPERINTENDENT
ASSISTANT ACCOUNTS OFFICER
ASSISTANT, UDCs, LDCs AND
PEONS
prescribed43 and should submit it to the designated authority. In case a person is not able to
make an application due to some disability such as illiteracy or otherwise, the designated
authorities may make some arrangement for filing of such an application before the
appropriate authorities for legal aid services.44
43 Regulation 5: “Proof of entitlement of free legal services (1) an affidavit of the applicant that he falls under the
categories of persons entitled to free legal services under section 12 shall ordinarily be sufficient. (2) the affidavit
may be signed before a judge, magistrate, notary public, advocate, member of parliament, member of legislative
assembly, elected representative of local bodies, gazetted officer, teacher of any school or college of central
government, state government or local bodies as the case may be. (3) The affidavit may be prepared on plain paper
and it shall bear the seal of the person attesting it.”
44 Legal Services Authorities Act, 1987, § 13, “Entitlement to legal services (1) persons who satisfy or any of
the criteria specified in section 12 shall be entitled to receive legal services provided that the concerned authority is
satisfied that such person has a prima-facie case to prosecute or to defend. Requests received through e-mails and
interactive on-line facility may be considered free legal services after verification of the identity of the applicant and
on ensuring that he or she owns the authorship of the grievances projected. Persons who satisfy any of the criteria
shall be entitled to receive legal services. However, the concerned authority should be satisfied that such person has
a prim facie case to prosecute or to defend. A person as to satisfy the requisite limit of income or other conditions, as
specified in the Act should make an affidavit. Subsequently the appropriate authority has the discretion to confirm on
the aid (2) An affidavit made by a person as to his income may be regarded as sufficient for making him eligible to
the entitlement of legal services under this act unless the concerned authority has reason to disbelieve such affidavit.”
45 Ibid
46 SCLSC Regulations, 1996, Regulation 13; similar provisions are also available under the DLSA Regulation,
2002, see also NALSA (Free and Competent Legal Services) Regulations, 2010
47 SCLSC Regulations, 1996; See also DHCLSC Regulations, 2002
48 Ibid
49 Ibid
23
if the aided person dies, except when the right or liability survives in civil proceedings.50
Illiteracy, lack of financial resources, social backwardness, and lack of committed and
competent legal professionals are the major factors that hinder people from getting access
to the free legal aid services which ultimately results into denying access to judicial/ quasi-
judicial authorities for seeking justice. Disadvantageous strata of society lack courage to
exercise their legal rights due to scarcity of resources and other social and legal reasons,
which expose these vulnerable people to all types of exploitation at the hands of exploiters.
50 SCLSC Regulations, 1996, Regulation 18, “Legal service shall not be withdrawn without giving due notice
thereof to the aided person or to his legal representatives in the event of his death, to show causes as to why the
legal service should not be withdrawn. Where the legal services are withdrawn on the grounds set out above, the
Committee shall be entitled to recover from the aided person the amount of legal service granted to him.”
51 DSLSA Notification for the Empanelment of LACs: Ref. No. DSLSA/Legal Aid Wing/Panel/2013/7465-7505
Dated: 28 .11.2013
24
The State Legal Services Authority and other Legal Services Institution shall effect periodic
revision of the honorarium to be paid to panel lawyers for the different types of services
rendered by them in legal aid cases. As soon as the report of completion of the proceedings
is received from the panel lawyer, the Legal Services Institution shall, without any delay, pay
the fees and expenses payable to panel lawyer.
National Legal Services Authority (Free and Competent Legal Services) Regulations, 2010,
para 13 of the Regulation provides for the additional financial assistance. The Regulation
stipulates that If a case for which legal aid has been granted requires additional expenditure
like payment of court fee, the fee payable to the court appointed commissions, for summoning
witnesses or documents, expenses for obtaining certified copies etc., the Legal Services
Institution may take urgent steps for disbursement of the requisite amount on the advice
of the panel lawyer or Monitoring Committee. In the case of appeal or revision, the Legal
Services Institution may bear the expenses for obtaining certified copies of the judgment and
case records.
National Legal Services Authority (Free and Competent Legal Services) Regulations,
2010, Para 15 empowers the authorities to engage senior advocates in appropriate cases.
It incorporates that if the Monitoring Committee or Executive Chairman or Chairman of
the Legal Services Institution is of the opinion that services of senior advocate, though not
included in the approved panel of lawyers, has to be provided in any particular case the
Legal Services Institution may engage such senior advocate. Notwithstanding anything
contained in the State regulations, the Executive Chairman or Chairmen of the Legal Services
Institution may decide the honorarium for such senior advocate. Special engagement of
senior advocates shall be only in cases of great public importance and for defending cases of
very serious nature, affecting the life and liberty of the applicant.
Front office:
National Legal Services Authority (Free and Competent Legal Services) Regulations, 2010,
Regulation 4 envisages that All Legal Services Institutions shall have a front office to be
manned by a panel lawyer and one or more para-legal volunteers available during office
hours. In the case of court based legal services, such lawyer shall after consideration of the
application, forward the same to the Committee set up under regulation 7 and for other types
of legal services, the panel lawyer in the front office may provide such legal services.
The panel lawyer in the front office shall render services like drafting notices, sending replies
to lawyers’ notices and drafting applications, petitions etc. The panel lawyer in the front
office may obtain secretarial assistance from the staff of the Legal Services Institutions.
In case of urgent matters, the panel lawyer in the front office may in consultation with the
Member-Secretary or Secretary of the Legal Services Institutions provide legal assistance of
appropriate nature. The Committee set up under regulation 7 may consider and approve the
action taken by the panel lawyer in the front office.
The Monitoring Committee at the level of the Supreme Court or the High Court shall consist
of, the Chairman of the Supreme Court Legal Services Committee or Chairman of the High
Court Legal Services Committee; the member-Secretary or Secretary of the Legal Services
Institution; and a Senior Advocate to be nominated by the Patron-in-Chief of the Legal
Services Institution.
The Monitoring Committee for the District or Taluk Legal Services Institution shall be
constituted by the Executive Chairman of the State Legal Services Authority and shall consist
of, the senior-most member of the Higher Judicial Services posted in the district concerned,
as its Chairman; the Member-Secretary or Secretary of the Legal Services Institution; and a
legal practitioner having more than fifteen years’ experience at the local Bar-to be nominated
in consultation with the President of the local Bar Association. if the Executive Chairman is
satisfied that there is no person of any of the categories mentioned in this sub-regulation, he
may constitute the Monitoring Committee with such other persons as he may deem proper.
Para 11 of the Regulation lays down the functions to be performed by the legal aid services
under the Regulation. The Para stipulates that whenever legal services are provided to
an applicant, the Member-Secretary or Secretary shall send the details in Form-II to the
Monitoring Committee at the earliest.
The Legal Services Institution shall provide adequate staff and infrastructure to the Monitoring
Committee for maintaining the records of the day-to-day progress of the legal aided cases.
The Legal Services Institution may request the Presiding Officer of the court to have access
to the registers maintained by the court for ascertaining the progress of the cases.
The Monitoring Committee shall maintain a register for legal aided cases for recording the
day-to-day postings, progress of the case and the end result (success or failure) in respect of
cases for which legal aid is allowed and the said register shall be scrutinised by the Chairman
of the Committee every month. The Monitoring Committee shall keep a watch of the day-to-
day proceedings of the court by calling for reports from the panel lawyers, within such time
as may be determined by the Committee. If the progress of the case is not satisfactory, the
Committee may advise the Legal Services Institution to take appropriate steps.
National Legal Services Authority (Free and Competent Legal Services) Regulations, 2010
Para 12, requires that the Monitoring Committee shall submit bi-monthly reports containing its
independent assessment on the progress of each and every legal aid case and the performance
of the panel lawyer or Retainer lawyer, to the Executive Chairman or Chairman of the Legal
Services Institution.
After evaluating the reports by the Committee, the Executive Chairman or Chairman of the
Legal Services Institution shall decide the course of action to be taken in each case. It shall
be the duty of the Member-Secretary or Secretary of the Legal Services Institution to place
the reports of the Monitoring Committee before the Executive Chairman or Chairman of the
Legal Services Institution and to obtain orders.
National Legal Services Authority (Free and Competent Legal Services) Regulations, 2010
, Para 16, mandates that the Supreme Court Legal Services Committee shall send copies of
the bi-monthly reports of the Monitoring Committee of the Supreme Court Legal Services
Committee to the Central Authority.
The High Court Legal Services Committees, the State Legal Services Authorities shall submit
copies of the bi-monthly reports of their Monitoring Committees to their Patron-in-Chief.
The District Legal Services Authorities and Taluk Legal Services Committees shall submit
copies of the bi-monthly reports of their Monitoring Committees to the Executive Chairman
of the State Legal Services Authority.
27
The State Legal Services Authorities shall also send consolidated half- yearly reports of the
Monitoring Committees, indicating the success or failure of each of the legal aided cases,
to the Central Authority. In appropriate cases, the Executive Chairman of the National
Legal Services Authority may nominate and authorise the members of its Central Authority
to supervise, monitor or advise the Legal Services Institution for effective and successful
implementation of these regulations.
In order to ensure that there is effective check on the legal services being rendered, the
lawyers on the panel must submit case wise progress every three months. Non submission
of the same would entail depanelment from the panel. The Authority reserves the right
to avail the services of empaneled advocates to perform duties in Legal Services Clinics,
Gender Resource Centres, Observation Homes etc. and for any other activities/awareness
programmes including presence in the functions to be organised by the Authority. Remand
lawyers, front office lawyers and lawyers visiting the Jail will be rotated periodically. If
performance of the panel Advocate is found unsatisfactory or the Advocate is found to be
guilty of charging or collecting or demanding any remuneration from an aided person in any
form or he/she contravenes the Scheme of the Act, Rules and the Regulations he/she can be
removed from the panel and shall also be liable for action for professional misconduct as per
Regulation 7 of the Delhi State Legal Services Authority Regulations, 2002.
Chapter III
Role of the Judiciary in the Promotion of
Legal aid services
The Supreme Court of India has been instrumental in promoting and protecting free legal
aid services for underprivileged strata of society and victims of mass calamity, who have no
means of access to courts in India. Subsequently, the legislature came forward and enacted
various legislations, which provide free legal aids in form of various services to the eligible
person, for providing free legal aid. Now let us analyse the contributions of the Indian
Judiciary and the Legislature in promoting and protecting the free legal aid programmes in
India.
Indian Apex Court in catena of its judicial pronouncements has laid down that right to free
legal aid, for the under trial and convicted person, is a fundamental right under Article 21
and also guaranteed under Article 39A of the Constitution. In the leading decision of the
Supreme Court in Hussainara Khatoon v. State of Bihar,53 right to free legal aid services
including the free services of a legal practitioner for down trodden people of the society,
have been recognized as a fundamental right under Article 21. Justice P N Bhagwati, while
delivering the judgment, observed that
“[F]ree legal service is an unalienable element of ‘reasonable, fair and just’
procedure for without it a person suffering from economic or other disabilities
would be deprived of the opportunity for securing justice. The right to free legal
services is, therefore, clearly an essential ingredient of ‘reasonable, fair and
just’ procedure for a person accused of an offence and it must be held implicit
in the guarantee of Article 21. This is a constitutional right of every accused
person who is unable to engage a lawyer and secure legal services on account of
reasons such as poverty, indigence or incommunicado situation and the State is
under a mandate to provide a lawyer to an accused person if the circumstances
of the case and the needs of justice so required, provided of course the accused
person does not object to the provision of such lawyer.”54
Nobody can ignore the contribution of Justice Krishna Iyer in promoting free legal aid
and protecting weaker sections of the society. In Madhav Hayawadanrao Hoskot v. State of
Maharashtra55, he affirmed If a prisoner sentenced to imprisonment, is virtually unable to
exercise his constitutional and statutory right of appeal, inclusive of special leave to appeal,
for want of legal assistance, there is implicit in the Court under Article 142, read with Articles
21, and 39A of the Constitution, power to assign counsel for such imprisoned individual
for doing complete justice….The inference is inevitable that this is a State’s duty and not
government’s charity. Equally affirmative is the implication that while legal services must be
free to the beneficiary, the lawyer himself has to be reasonably remunerated for his services.
Surely, the profession has a public commitment to the people but mere philanthropy of its
members yields short mileage in the long run. Their services, especially when they are on
behalf of the State, must be paid for. Naturally, the State concerned must pay a reasonable
sum that the court may fix when assigning counsel to the prisoner. Of course, the court may
judge the situation and consider from all angles whether it is necessary for the ends of justice
to make available legal aid in the particular case. In every country where free legal services
are given it is not done in all cases but only where public justice suffers otherwise.”56
Further, In Janardhan Reddy v. State of Hyderabad57 and Tara Singh v State of Punjab58, the
court, while taking a very restrictive interpretation of statutory provisions giving a person the
right to lawyer, opined that this was, “a privilege given to accused and it is his duty to ask for
a lawyer if he wants to engage one or get his relations to engage one for him. The only duty
cast on the Magistrate is to afford him the necessary opportunity (to do so). ”Even in capital
punishment cases the early Supreme Court seemed relentless when it declared that “it cannot
be laid down in every capital case where the accused is unrepresented the trial is vitiated.”
In 1986, in another case of Sukhdas v. Union Territory of Arunachal Pradesh59, Justice P.N.
Bhagwati, while referring to the decision of Hossainara Khatoon’s case60 and some other
cases had made the following observations in paragraph 6 of the said judgment:-
“Now it is common knowledge that about 70% of the people living in rural areas are illiterate
and even more than that percentage of the people are not aware of the rights conferred
upon them by law. Even literate people do not know what are their rights and entitlements
under the law. It is this absence of legal awareness which is responsible for the deception,
exploitation and deprivation of rights and benefits from which the poor suffer in this land.
Their legal needs always stand to become crisis oriented because their ignorance prevents
them from anticipating legal troubles and approaching a lawyer for consultation and advice
in time and their poverty because magnifies the impact of the legal troubles and difficulties
when they come. Moreover, of their ignorance and illiteracy, they cannot become self-reliant;
they cannot even help themselves.
The Law ceases to be their protector because they do not know that they are entitled to the
protection of the law and they can avail of the legal service programs for putting an end to
their exploitation and winning their rights. The result is that poverty becomes with them a
condition of total helplessness. This miserable condition in which the poor find themselves
can be alleviated to some extent by creating legal awareness amongst the poor. That is why
it has always been recognized as one of the principal items of the program of the legal aid
movement in the country to promote legal literacy. It would be in these circumstances made
a mockery of legal aid if it were to be left to a poor, ignorant and illiterate accused to ask for
free legal service, legal aid would become merely a paper promise and it would fail of its
purpose.”
The linkage between Article 21 and the right to free legal aid was forged in the decision
in Hussainara Khatoon v. State of Bihar61 where the court was appalled at the plight of
thousands of undertrials languishing in the jails in Bihar for years on end without ever being
represented by a lawyer. The court declared, “There can be no doubt that speedy trial, and
by speedy trial, we mean reasonably expeditious trial, is an integral and essential part of the
fundamental right to life and liberty enshrined in Article 21.62 “ The court pointed out that
Article 39-A emphasizes that free legal service was an inalienable element of ‘reasonable,
fair and just’ procedure and that the right to free legal services was implicit in the guarantee
of Article 21. In his inimitable style, Justice Bhagwati declared:
56 Ibid
57 AIR 1951 SC 217
58 AIR 1951 SC 411
59 (1986) 4 SCC 401
60 AIR 1979 SC 1369
61 AIR 1979 SC 1369
62 Ibid
31
“Legal aid is really nothing else but equal justice in action. Legal aid
is in fact the delivery system of social justice. If free legal services are
not provided to such an accused, the trial itself may run the risk of being
vitiated as contravening Article 21 and we have no doubt that every State
Government would try to avoid such a possible eventuality”.63
It has been observed that the Apex Judiciary, International Instruments and emergence of
social justice doctrine including access to justice have been the major contributors in the
promotion of the legal aid service system for poor and down trodden strata of society. Further
codification of the free legal aid scheme has also led to institutionalization of the system of
Legal aid services in India.
Researcher is of the considerate opinion that the legal aid services exist because of the
meticulous endeavours of the Apex Judiciary of India. The Judiciary has been promoting and
recognizing the necessity of legal aid services for providing access to justice to poor people.
Judiciary is also generating resources by awarding costs on parties for the funding of legal
aid services. Therefore, it is logically inferred that legal aid system cannot survive without
the pro-active approach of the judiciary in India.
63 Ibid
Chapter IV
Analysis of the primary data collected from the
beneficiaries of Legal aid services
Free legal aid services for down trodden strata of the society to provide access to justice and
social justice have been recognised an integral part of the Constitutional Mandate. Many
statutory instruments such as the Legal Services Authorities Act, 1987, the Code of Civil
Procedure, and the Code of Criminal Procedure, 1973 have been enacted to achieve the
objectives of the free legal aid services in India. The Judiciary, beneficiaries, regulators,
scholar of legal aid system and media, have criticized the low quality of services provided
by the LACs. The research has collected primary data from the major stake holders such
as Judges in civil and criminal Courts, beneficiaries, LACs, Regulators and women who
did not opt for legal aid services despite the facts the these services are free of cost, in
order to evaluate the competency and commitments of Legal aid Counsels on some specific
parameters.
Researcher has conducted An Empirical Research on the Commitments and Competency
of Legal Aid Counsels (LACs) Under the UGC Research in Law 2012-14 in 11 Districts of
State of Delhi, and Delhi High Court. Initially researcher, tried to collect primary data from
from legal aid counsels, judges, beneficiaries, regulators and women beneficiaries who had
not opted for the legal services, despite the fact that women are entitled to free legal aid
services irrespective in income limits. But due to rigidity of access to the Supreme Court,
we could not proceed further. For the purpose of the said empirical research and collection
of qualitative, accurate and trued representative primary data for evaluating the competency
and commitments of the LACs, the researcher have framed 05 questionnaires- beneficiaries,
Legal Aid Counsels (LAC), Regulators of Legal Aid services, Juridical officers and those
people (women) who were entitled to legal aid services but did not opt for the legal services.
Researcher has collected primary data as per the structured and unstructured questionnaires
from the major stakeholders involved in the system of legal aid services in State of Delhi.
Despite the fact that there were lot of practical difficulties concerning access to courts,
judges and other authorities, this research managed to interview 702 beneficiaries of legal
aid services, 173 judicial officers dealt with legal aid cases in civil and criminal subject
matters, 11 Regulators (member Secretaries) of the Delhi Legal Services Authorities (DLSA)
in Delhi High Court Legal Services Committee, 174 Legal Aid Counsels (LACs) and 1039
women at Spl Courts and family courts, who were eligible but did not opt for the legal aid
services for their disputes, from 11 Districts and Delhi High Court in Delhi. The Research
and a team of students of the National Law University Delhi did the said primary data
collection from December 2014 to December 2015. The researcher personally administered
the questionnaires and collected data from the Judges of 11 District Courts and Delhi Courts.
The researcher personally visited also collected primary data from the Regulators of Districts
and Delhi Courts. A team of students under the guidance of the researcher collected data
from the beneficiaries and women, who did not opt for the legal aid services. Data from some
LACs, regulators and Judges, by electronic means such as emailing of questionnaires and
google survey software tool, have also been used to collect quality primary data.
Questionnaires personally administered to the beneficiaries in Hindi and English. Beneficiaries
were briefed about the research and its objectives. It is also pertinent to mention that a
consumer is always in better position to evaluate the quality of consumer goods. Interviewed
34
during Dec 2014 to December 2015. Data regarding beneficiaries collected from the DLSA
offices by personal visit, with phone numbers, contacted to get their feed backs regarding
LACs. Personally visited trial courts regularly for the data collection in 11 Districts and High
Court of Delhi. Researcher also tried to collect data form the SC list of the Beneficiaries from
the SCLSC was also collected, but it was very difficult to collect data due to language and
security reasons.
Before conducting actual data collection, a pilot study to know total number of cases pending
in civil and criminal cases before the District Courts, was carried out. The Researcher tries
to find out the total cases from the offices of the Member secretaries (Regulators in Each
District), who maintains appropriate records of all pending and decided cases. However,
to my utter surprise no such data in a systematic manner have been maintained by any one
district. It is almost impossible from the Record Registers to find out the status of pending
and decided cases and time taken for conclusion in a particular case. Because proper records
of cases have not been maintained.
Districts LSAs do not maintain any records of daily hearing of case pending in civil
and criminal courts. Therefore, it was a herculean task for the researcher to find out the
availability of legal aid beneficiaries and run after the beneficiaries for collection of data.
Many beneficiaries who were frustrated with the LACs, refused to talk to the researcher on
the issues related to his disputes, commitments, and competency of LACs.
A reasonable quota of 60 beneficiaries, taking into account the available records maintained
by the Districts DLSA and returns submitted to the DSLSA during the said period, an average
pendency of 1200 cases during the period from December 2014 to December 2015, for each
district court was fixed. Primary data from the beneficiaries have been collected by visiting
various courts regularly over a period between Dec 2014 and Dec 2015. The Researcher and
team members also collected primary data from the Front Offices of the District Legal Aid
Authorities in 11 Districts. It was very difficult to get data from the beneficiaries of legal aid
services who lacked trust over the legal aid system. In most of the cases of the Beneficiaries,
Hindi questionnaires have been used to collect data from the beneficiaries in 11 Districts and
Delhi High Court.
The research proposed to collect 720 primary data according to the specified questionnaire
from the beneficiaries of legal aid services in 11 Districts and Delhi High Court. Despite all
all odds and adversities in the Courts and lack of interest in beneficiaries, the actual data from
702 respondents of the specified category, which is more 90% of the proposed sample of
beneficiaries, could only be collected. The Questionnaire for the said category of respondents
was designed for ascertaining the views of beneficiaries on the difficulties faced by them while
interacting with legal aid counsels and a true assessment of the competency commitment of the
LACs in the Universe of 11 Districts and Delhi High Court in the City of Delhi.
Count 0 33 4 2 48 5 92
Central % of Total .0% 4.7% .6% .3% 6.8% .7% 13.1%
Count 0 4 2 2 19 16 43
East % of Total .0% .6% .3% .3% 2.7% 2.3% 6.1%
Count 1 25 0 0 42 0 68
High Court % of Total .1% 3.6% .0% .0% 6.0% .0% 9.7%
Count 1 11 1 0 35 6 54
New Delhi % of Total .1% 1.6% .1% .0% 5.0% .9% 7.7%
Count 1 14 2 1 35 0 53
North
% of Total .1% 2.0% .3% .1% 5.0% .0% 7.5%
Count 1 16 3 0 48 0 68
Shahadra
% of Total .1% 2.3% .4% .0% 6.8% .0% 9.7%
South Count 0 17 0 0 24 2 43
% of Total .0% 2.4% .0% .0% 3.4% .3% 6.1%
Count 0 9 1 0 25 6 41
West
% of Total .0% 1.3% .1% .0% 3.6% .9% 5.8%
Table No. 5: Reasons given by the Beneficiaries for opting for Legal aid services
No resources Quality Friend/ Others
to engage Relative No
Courts of legal Total
private advised opinion
services
lawyer from LAS
Count 87 1 2 0 2 92
Central % of Total 12.4% .1% .3% .0% .3% 13.1%
Count 34 0 2 2 5 43
East
% of Total 4.8% .0% .3% .3% .7% 6.1%
Count 63 0 2 2 1 68
High
% of Total 9.0% .0% .3% .3% .1% 9.7%
Court
Count 46 1 6 1 0 54
New
% of Total 6.6% .1% .9% .1% .0% 7.7%
Delhi
Count 46 2 1 2 2 53
North
% of Total 6.6% .3% .1% .3% .3% 7.5%
Count 34 1 0 2 0 37
North
% of Total 4.8% .1% .0% .3% .0% 5.3%
East
Count 42 1 4 0 1 48
North
% of Total 6.0% .1% .6% .0% .1% 6.8%
West
Count 67 0 0 0 1 68
Shahadra
% of Total 9.5% .0% .0% .0% .1% 9.7%
Count 40 0 0 1 2 43
South
% of Total 5.7% .0% .0% .1% .3% 6.1%
Count 42 0 2 0 2 46
South
% of Total 6.0% .0% .3% .0% .3% 6.6%
East
Count 100 2 5 1 1 109
South
% of Total 14.2% .3% .7% .1% .1% 15.5%
West
Count 38 0 0 0 3 41
West
% of Total 5.4% .0% .0% .0% .4% 5.8%
Count 639 8 24 11 20 702
Total
% of Total 91.0% 1.1% 3.4% 1.6% 2.8% 100.0%
37
The research in order to provide equal representation of both sex, have collected data from
male and female beneficiaries by visiting various civil and criminal courts. For the purpose
of the research, Sex of the beneficiaries was not so important factor, to examine the capability
and commitment of legal aid counsels. It is evident form the table that more than 60% women
beneficiaries and 37 % male beneficiaries, have been interviewed for the purpose of this
research project. The research has focused only on the beneficiaries irrespective of their sex
cast, class, income, and other parameters for research. The major objectives of the research
is to assess the competency and commitment of legal aid counsels by other stake holders
involved in legal aid services in different capacities.
It has been observed from the facts that legal aid services are provided without any charges,
free of cost, or rather funded by the state under the Constitutional mandate. However, the
bitter truth is that people are not so interested in free legal aid services because of quality and
commitments of the service providers. People’s perception is also reflected that the above-
mentioned data from the Beneficiaries.
It is evident from the data and bar chart the 96 % of the beneficiaries opted for legal services
on the ground that they had no resources to engage private counsels for their litigation.
If these litigants had resources to engage private legal practitioners, they would not have
approached for the free legal aid services to the DSLA offices in Districts. 1.1% of the total
(8/702) have approached the legal aid services only because of quality of legal aid services
provided by the LACs.
It is depicted from the above-mentioned table on reasons or justifications for opting legal aid
services for litigation before various courts that more than 98 Percent of the beneficiaries do not
trust the quality of legal aid counsels, therefore opting out of the legal aid services despite the
facts that services are free. Nevertheless, it is also seen form the 08 respondents that competent
and committed legal aid counsels are rarely seen across the Districts Courts in Delhi. the
problems of in competency and lack of commitments of LACs is not confined to one particular
Court or Districts, but have affected the quality of legal aid services across the State of Delhi.
Count 20 21 2 43
South
% of Total 2.8% 3.0% .3% 6.1%
Count 19 25 2 46
South East
% of Total 2.7% 3.6% .3% 6.6%
Count 35 69 5 109
South West
% of Total 5.0% 9.8% .7% 15.5%
Count 16 25 0 41
West
% of Total 2.3% 3.6% .0% 5.8%
Count 218 457 27 702
Total
% of Total 31.1% 65.1% 3.8% 100.0%
The above-mentioned bar chart and table is a reflection of the dearth of resources and
arrangement of legal aid services. The data has depicted that more that 65% of the beneficiaries
opted for legal aid services without engaging a private legal practitioner, because of lack of
finance or resources. Furthermore, 35% of the total beneficiaries who had appointed private
legal practitioners moved to legal aid services after exhausting all possible resources. The
trend of giving low priority to legal aid services is also reflected in all 11 districts and Delhi
High Court. Beneficiaries are driven by lack of funding and not by the nature of free legal aid
services or the quality of legal aid counsels.
It is logical inferred that more than 95 per cent of the beneficiaries have been compelled due
paucity of funds to look for the legal aid counsels. There people have not opted for the legal
aid services voluntarily or they are not driven by the availability of free services. The data is
self-explanatory that people’s perception is against the low quality of services provided by
the legal aid counsels. Beneficiaries do not trust the commitment and competency of LACs.
This is one of the main reasons for the beneficiaries for applying free legal aid services in the
Universe of this research.
39
Table No. 7: Instances of availing the free legal aid services in the past
Courts One Two Three Four Five No response Total
Count 79 4 0 0 0 9 92
Central
% of Total 11.3% .6% .0% .0% .0% 1.3% 13.1%
Count 30 0 2 2 0 9 43
East
% of Total 4.3% .0% .3% .3% .0% 1.3% 6.1%
Count 65 0 2 0 1 0 68
High Court
% of Total 9.3% .0% .3% .0% .1% .0% 9.7%
Count 47 4 1 0 1 1 54
New Delhi
% of Total 6.7% .6% .1% .0% .1% .1% 7.7%
Count 49 3 0 0 0 1 53
North
% of Total 7.0% .4% .0% .0% .0% .1% 7.5%
Count 36 1 0 0 0 0 37
North East
% of Total 5.1% .1% .0% .0% .0% .0% 5.3%
Count 44 3 0 0 0 1 48
North West
% of Total 6.3% .4% .0% .0% .0% .1% 6.8%
Count 62 4 0 0 0 2 68
Shahadra
% of Total 8.8% .6% .0% .0% .0% .3% 9.7%
Count 32 4 2 0 0 5 43
South
% of Total 4.6% .6% .3% .0% .0% .7% 6.1%
Count 31 5 2 1 1 6 46
South East
% of Total 4.4% .7% .3% .1% .1% .9% 6.6%
Count 97 7 0 0 0 5 109
South West
% of Total 13.8% 1.0% .0% .0% .0% .7% 15.5%
Count 27 3 3 0 0 8 41
West
% of Total 3.8% .4% .4% .0% .0% 1.1% 5.8%
Count 599 38 12 3 3 47 702
Total
% of Total 85.3% 5.4% 1.7% .4% .4% 6.7% 100.0%
40
According to the data collected from the beneficiaries of legal aid services, it is observed that
85.3 % beneficiaries has tried legal aid services for the first time. The trend is the same in
every district including Delhi High Court. Whereas in other cases of beneficiaries availing
legal services more than one time, covers hardly 7.9% of the total respondents and 6.7 have
expressed no opinion on the issue.
It is logically presumed by taking into account above motioned tables on reasons for opting
legal aid services and the current table on number of instances for engaging legal aid counsels,
that after having gone through the experience of dealing with the LACs and the system of
LSA once, they hardly or almost never try for legal aid services again. The same may also be
corroborated by other data of the research, where the beneficiaries were reluctant to try legal
aid services second time or so voluntarily, but would be forced to join legal aid services for
the litigation due to lack of financial resources. It is also most impossible for a common man
to engage legal practitioners for legal services in case of criminal offences at district courts
due high litigation charges/costs by the legal practitioners. It is also important to reiterate and
recapitulate that speedy and economical justice is India, is a myth not realty.
Count 58 31 3 92
Central
% of Total 8.3% 4.4% .4% 13.1%
Count 21 14 8 43
East
% of Total 3.0% 2.0% 1.1% 6.1%
Count 25 43 0 68
High Court
% of Total 3.6% 6.1% .0% 9.7%
Count 37 14 3 54
New Delhi
% of Total 5.3% 2.0% .4% 7.7%
Count 33 13 7 53
North
% of Total 4.7% 1.9% 1.0% 7.5%
Count 29 7 1 37
North East
% of Total 4.1% 1.0% .1% 5.3%
Count 20 22 6 48
North West
% of Total 2.8% 3.1% .9% 6.8%
Count 33 31 4 68
Shahadra
% of Total 4.7% 4.4% .6% 9.7%
Count 27 14 2 43
South
% of Total 3.8% 2.0% .3% 6.1%
Count 21 22 3 46
South East
% of Total 3.0% 3.1% .4% 6.6%
Count 65 39 5 109
South West
% of Total 9.3% 5.6% .7% 15.5%
Count 24 17 0 41
West
% of Total 3.4% 2.4% .0% 5.8%
Count 393 267 42 702
Total
% of Total 56.0% 38.0% 6.0% 100.0%
41
If yes, then how helpful was the advice and other assistance you received in preparing you
for your dispute?
It has been reported by the above-mentioned data that around 56 percent of the beneficiaries
of legal aid services have accepted and acknowledged that they were consulted and
advised by LACs. Where as an important group of beneficiaries has complained of lack
of communication and consultation between the beneficiaries and LACs. Second table has
reflected upon the data connected with the usefulness of the advised and consultation in the
pending and deiced disputes.
Second table has designed to evaluated the quality of the interaction between the beneficiaries
and LACs during the course of availing legal aid services. As per the second table, it is revealed
that 44 percent of the beneficiaries have not expressed any opinion about the usefulness of the
interaction between the parties and LACs. Further, 5.8 percent of the respondents have rated
the consultation as very useful. Whereas 24.6 percent felt that interaction was just useful and 15
percent of the beneficiaries were highly dissatisfied with the interaction between the concerned
parties. The same is also evident for the loss of trust over the services provided by the LACs.
42
Table shows that 47.9 percent beneficiaries complained that the LACs did not explain the
status of the case as well as the future prospect of the litigation. About 39 percent of the
respondents were informed about the progress of the litigation pending in various courts.
Around 13 percent of the beneficiaries were reluctant to express any opinion about the
interaction and status of the disputes.
But the bar chart reflecting the above mentioned data, depicts that 08 out of 12 districts
including Delhi High Court, were not satisfied with the interaction and not informed about
the status and future course of action by the LACs. In Four District including Central and
South west Districts in Majority, out of 12 Districts agreed to have received some information
about the status of their disputes.
Table No. 10: The LACs taking into accounts the submission
of the beneficiaries
No
Courts Yes No Total
Response
Count 58 31 3 92
Central
% of Total 8.3% 4.4% .4% 13.1%
Count 27 12 4 43
East
% of Total 3.8% 1.7% .6% 6.1%
Count 27 41 0 68
High Court
% of Total 3.8% 5.8% .0% 9.7%
Count 35 14 5 54
New Delhi
% of Total 5.0% 2.0% .7% 7.7%
Count 34 13 6 53
North
% of Total 4.8% 1.9% .9% 7.5%
Count 17 7 13 37
North East
% of Total 2.4% 1.0% 1.9% 5.3%
Count 24 21 3 48
North West
% of Total 3.4% 3.0% .4% 6.8%
Count 37 30 1 68
Shahadra
% of Total 5.3% 4.3% .1% 9.7%
Count 16 14 13 43
South
% of Total 2.3% 2.0% 1.9% 6.1%
Count 27 16 3 46
South East
% of Total 3.8% 2.3% .4% 6.6%
Count 57 41 11 109
South West
% of Total 8.1% 5.8% 1.6% 15.5%
Count 23 18 0 41
West
% of Total 3.3% 2.6% .0% 5.8%
Count 382 258 62 702
Total
% of Total 54.4% 36.8% 8.8% 100.0%
44
Asper the data of the table, largely around 54.4 percent respondents have informed that they
were heard by the LACs in preparing for the arguments in their disputes, where as 36.8
percentage of beneficiaries have declined to have interacted during the course of pendency of
disputes. 8.8 percent of the respondents were interested to make any comment on the issue.
No
Courts interaction Very Not Very No
Satisfied Total
& No satisfied satisfied dissatisfied opinion
Response
Count 34 4 28 12 7 7 92
Central
% of Total 4.8% .6% 4.0% 1.7% 1.0% 1.0% 13.1%
Count 16 2 20 0 2 3 43
East
% of Total 2.3% .3% 2.8% .0% .3% .4% 6.1%
High Count 41 3 15 7 0 2 68
Court % of Total 5.8% .4% 2.1% 1.0% .0% .3% 9.7%
New Count 19 2 14 16 1 2 54
Delhi % of Total 2.7% .3% 2.0% 2.3% .1% .3% 7.7%
Count 19 3 15 12 2 2 53
North
% of Total 2.7% .4% 2.1% 1.7% .3% .3% 7.5%
North Count 20 0 8 6 2 1 37
East % of Total 2.8% .0% 1.1% .9% .3% .1% 5.3%
North Count 24 2 16 4 1 1 48
West % of Total 3.4% .3% 2.3% .6% .1% .1% 6.8%
Count 31 5 19 5 4 4 68
Shahadra
% of Total 4.4% .7% 2.7% .7% .6% .6% 9.7%
Count 27 3 9 3 0 1 43
South
% of Total 3.8% .4% 1.3% .4% .0% .1% 6.1%
South Count 19 3 15 5 4 0 46
East % of Total 2.7% .4% 2.1% .7% .6% .0% 6.6%
When the beneficiaries of legal aid services during the course of this research, were inquired
about the level of satisfaction about the consultation and interaction with the LACs, a good
amount of respondents refused to express any opinion at all and 27.8 percent were satisfied
from the consultation. Nevertheless, 13.5 percent were very dissatisfied from the quality of
support from the LACs.
45
Table No. 12: How did the LACs explain law and facts of case to the
Judicial officers?
Very Very No
Courts Satisfactory Badly Total
Satisfactory Badly opinion
Count 3 19 16 16 38 92
Central
% of Total .4% 2.7% 2.3% 2.3% 5.4% 13.1%
Count 2 16 6 8 11 43
East
% of Total .3% 2.3% .9% 1.1% 1.6% 6.1%
Count 2 20 26 16 4 68
High Court
% of Total .3% 2.8% 3.7% 2.3% .6% 9.7%
Count 1 13 21 3 16 54
New Delhi
% of Total .1% 1.9% 3.0% .4% 2.3% 7.7%
Count 2 11 17 2 21 53
North
% of Total .3% 1.6% 2.4% .3% 3.0% 7.5%
Count 0 4 9 2 22 37
North East
% of Total .0% .6% 1.3% .3% 3.1% 5.3%
Count 2 12 14 4 16 48
North West
% of Total .3% 1.7% 2.0% .6% 2.3% 6.8%
Count 4 14 9 8 33 68
Shahadra
% of Total .6% 2.0% 1.3% 1.1% 4.7% 9.7%
Count 2 11 10 6 14 43
South
% of Total .3% 1.6% 1.4% .9% 2.0% 6.1%
Count 0 19 15 7 5 46
South East
% of Total .0% 2.7% 2.1% 1.0% .7% 6.6%
Count 4 13 37 13 42 109
South West
% of Total .6% 1.9% 5.3% 1.9% 6.0% 15.5%
Count 6 20 4 7 4 41
West
% of Total .9% 2.8% .6% 1.0% .6% 5.8%
Count 28 172 184 92 226 702
Total
% of Total 4.0% 24.5% 26.2% 13.1% 32.2% 100.0%
In order to evaluate the competency and commitment of legal aid services provided by the
LACs, respondents were inquired about the quality of arguments raised by the LACs before the
judicial officers during the course of trial. Around 28.5 (four very satisfied +24.5 satisfied) percent
of the beneficiaries were convinced and satisfied about the quality of arguments before the Judicial
officers. The said observation is also a reflection of the judicial officers about the competency and
commitments of the LACs by the beneficiaries. About 26.2 rated the quality of arguments as
badly, whereas about 13.1 rated the interaction between judicial officers and LACs as very badly.
This also pertinent to note that the combination of bad and very bad rating is superseding the
rating of satisfaction in 10 Districts out of total 12 Districts including Delhi High Court. South
West District showed highest rate of dissatisfaction and rated the quality of arguments as bad
and very bad. With 50 (37 Bad and 13 very bad ratings) out of 109 of the respondents and with
42 percent ‘no responses’ is a serious concern for the low quality of operation of the Legal
aid services. In the said district, 17 respondents out of 109 rated the interaction between the
judicial officers and LACs very satisfactory and satisfactory.
46
Table No. 13: The LACs demanding money for attending the proceedings before
Court from Beneficiaries
Legal aid services are provided free of costs across the nation. Beneficiaries are not required
to pay for any services under the Legal aid System. However, in practice, it is happening
otherwise. Beneficiaries have been compelled to pay money before the commencement of
trial or submission of suit or other applications by LACs across the Universe of my research.
The said problem of demanding of money is not confined to one particular district in Delhi.
A good numbers of respondents, about 37 percent, have paid money to LACs during the
course of pendency of disputes. Whereas 56.4 percent respondents have either did not pay
money or reluctant to disclose it to our team on the apprehension that their LACs would be
withdrawn after such disclosure. Such respondents were under impression that in case of
withdrawal of such LAC, they would be helpless without the LACs.
Bar chart of the said primary data reflect upon the prevailing conditions of demanding money.
There is not a single district or court in Delhi, where money is not demanded by LACs. It is
a matter of variance in degree of money demanded.
Table No.14: Complaints made during trial against the LACs by judicial officers
Count 5 77 10 92
Central
% of Total .7% 11.0% 1.4% 13.1%
Count 1 32 10 43
East
% of Total .1% 4.6% 1.4% 6.1%
Count 17 51 0 68
High Court
% of Total 2.4% 7.3% .0% 9.7%
Count 1 51 2 54
New Delhi
% of Total .1% 7.3% .3% 7.7%
Count 5 40 8 53
North
% of Total .7% 5.7% 1.1% 7.5%
Count 2 33 2 37
North East
% of Total .3% 4.7% .3% 5.3%
Count 8 36 4 48
North West
% of Total 1.1% 5.1% .6% 6.8%
Count 9 58 1 68
Shahadra
% of Total 1.3% 8.3% .1% 9.7%
Count 1 38 4 43
South
% of Total .1% 5.4% .6% 6.1%
Count 2 35 9 46
South East
% of Total .3% 5.0% 1.3% 6.6%
Count 23 77 9 109
South West
% of Total 3.3% 11.0% 1.3% 15.5%
Count 10 30 1 41
West
% of Total 1.4% 4.3% .1% 5.8%
Count 84 558 60 702
Total
% of Total 12.0% 79.5% 8.5% 100.0%
48
To inquire into the operations of the LACs, some questions on the complaints formally
or informally filed, nature of complaints by the judicial officers at their own, included in
the specific questionnaire for beneficiaries. As per the observations of the beneficiaries, 12
percent Judges have informed them of filing of some complaint formally or informally to the
DLSA office. Whereas 79.5 percent of the judicial officers did not file any complaint to the
DSLA office. About 8.5 percent of the respondents refused to express anything on the issue.
It has also been observed during the process of collecting data from the judicial officers
that they are reluctant to file any written complaints against the LACs to the DLSA offices,
because of the reasum that some servicing judicial officers chairs the DLSA office.
As per the respondents this category, about 12 percent (84 judicial officers) filed some
complaints regarding lack of commitments and competency of LACs to the office of DLSA.
Around 83 out of 84 judicial officers filed 1-5 complaints in each case, against the LACs.
As per the table on the nature of complaints filed by Judicial officers, 42 out of 84, which
amounts to 6percent of the total respondents in the category, complaints were related to not
49
raising quality arguments before the Court. Another 23 complaints were concerning lack of
commitments ( not availability) on the part of LACs. Demanding money, deputing juniors,
no time to interact with the beneficiaries and other reasons related to the commitments and
devotion of the LACs confined to some 19 cases.
The said data related to nature of complaints against LACs by the judicial officers has also
been integrated along with other data on the same issue with other respondents such as
beneficiaries, and regulators for the purpose of analysis of the commitment and devotion of
LACs towards the LSA, in the final finding of the report.
Table No. 17: Complaints made during trial against the LACs by beneficiary to
judicial officers
Count 3 65 0 68
High Court
% of Total .4% 9.3% .0% 9.7%
Count 3 48 3 54
New Delhi
% of Total .4% 6.8% .4% 7.7%
Count 2 43 8 53
North
% of Total .3% 6.1% 1.1% 7.5%
Count 1 34 2 37
North East
% of Total .1% 4.8% .3% 5.3%
Count 3 40 5 48
North West
% of Total .4% 5.7% .7% 6.8%
Count 8 59 1 68
Shahadra
% of Total 1.1% 8.4% .1% 9.7%
Count 1 34 8 43
South
% of Total .1% 4.8% 1.1% 6.1%
Count 4 33 9 46
South East
% of Total .6% 4.7% 1.3% 6.6%
Count 23 79 7 109
South West
% of Total 3.3% 11.3% 1.0% 15.5%
Count 10 23 8 41
West
% of Total 1.4% 3.3% 1.1% 5.8%
Count 73 553 76 702
Total
% of Total 10.4% 78.8% 10.8% 100.0%
Count 42 1 0 0 0 43
South
% of Total 6.0% .1% .0% .0% .0% 6.1%
South Count 42 4 0 0 0 46
East % of Total 6.0% .6% .0% .0% .0% 6.6%
South Count 86 20 0 0 3 109
West % of Total 12.3% 2.8% .0% .0% .4% 15.5%
Count 31 4 3 3 0 41
West
% of Total 4.4% .6% .4% .4% .0% 5.8%
Count 629 62 4 3 4 702
Total
% of Total 89.6% 8.8% .6% .4% .6% 100.0%
The research for the purpose of examining the alertness of beneficiaries and seeking
accountability of LACs by beneficiaries during trail, some questions related to complaints
filed by the beneficiaries against LACs to judicial officers, nature and quantum of complaints
and grievances. put across to them. The above-mentioned data depicts that around 10.4 percent
reported their grievances to the judicial officers. Whereas about 78.8 percent beneficiaries did
not raise any grievance before Courts. Another 10.8percent of the respondents did not express
any opinion about filing of any complaint to the Courts during the course of trial of the cases.
It is also very unusual to notice that in three case more than 10 complaints have been filed
against LACs to Judicial officers. Further, about 62 respondents out of 73, who filed complaints,
filed more than one but less than 6 complaints. 4 respondents have filed more than 6 but
not more than 10 complaints against LACs on various issues related to their commitments
and competency. This specific issue of many complaints filed by the beneficiaries was also
discussed with the regulators of DLSA. As per the responses of the Regulators, that there are
many beneficiaries, who cannot be satisfied by any courts, habitual in filing complaints for
no good reasons.
Table No. 19: Nature of Complaints about the services of LACs from beneficiaries
Warning For
Not Deputing
for Not Appreciation demanding
No available juniors
Courts Raising for money Others Total
Comments for or other
Good performance for legal
arguments person
Arguments services
Count 82 1 6 0 0 3 0 92
Central
% of Total 11.7% .1% .9% .0% .0% .4% .0% 13.1%
Count 38 0 3 0 0 0 2 43
East
% of Total 5.4% .0% .4% .0% .0% .0% .3% 6.1%
Count 65 0 1 1 0 0 1 68
High
Court
% of Total 9.3% .0% .1% .1% .0% .0% .1% 9.7%
Count 51 1 0 0 0 2 0 54
New Delhi
% of Total 7.3% .1% .0% .0% .0% .3% .0% 7.7%
52
Count 51 1 0 0 0 0 1 53
North
% of Total 7.3% .1% .0% .0% .0% .0% .1% 7.5%
Count 36 0 0 0 0 0 1 37
North
East
% of Total 5.1% .0% .0% .0% .0% .0% .1% 5.3%
Count 45 1 0 0 1 1 0 48
North
West
% of Total 6.4% .1% .0% .0% .1% .1% .0% 6.8%
Count 60 1 2 0 0 5 0 68
Shahadra
% of Total 8.5% .1% .3% .0% .0% .7% .0% 9.7%
Count 42 0 1 0 0 0 0 43
South
% of Total 6.0% .0% .1% .0% .0% .0% .0% 6.1%
Count 42 0 2 0 0 1 1 46
South
East
% of Total 6.0% .0% .3% .0% .0% .1% .1% 6.6%
Count 86 0 0 0 0 21 2 109
South
West
% of Total 12.3% .0% .0% .0% .0% 3.0% .3% 15.5%
Count 31 3 0 0 3 4 0 41
West
% of Total 4.4% .4% .0% .0% .4% .6% .0% 5.8%
This table shows the nature of complaints filed by the beneficiaries. As per the primary data
8 respondents filed complaints for not raising good arguments or having casual approach to
their disputes. About 15 complaints were related to non-availability of LACs in Courts. A
good amount of beneficiaries, which is 37, raised grievances for money demanded by LACs
for defending the interests of beneficiaries. Deputing junior is again a serious problem for
the beneficiaries.
Table No. 20: Disciplinary actions taken against the LACs by the judicial officers
Count 51 2 1 54
New Delhi
% of Total 7.3% .3% .1% 7.7%
Count 51 2 0 53
North
% of Total 7.3% .3% .0% 7.5%
Count 36 1 0 37
North East
% of Total 5.1% .1% .0% 5.3%
Count 45 3 0 48
North West
% of Total 6.4% .4% .0% 6.8%
Count 60 8 0 68
Shahadra
% of Total 8.5% 1.1% .0% 9.7%
Count 42 1 0 43
South
% of Total 6.0% .1% .0% 6.1%
Count 42 3 1 46
South East
% of Total 6.0% .4% .1% 6.6%
Count 86 23 0 109
South West
% of Total 12.3% 3.3% .0% 15.5%
Count 31 9 1 41
West
% of Total 4.4% 1.3% .1% 5.8%
Count 629 68 5 702
Total
% of Total 89.6% 9.7% .7% 100.0%
Table No.21: Nature of disciplinary actions taken against the LACs by the Judicial
Officers
Reported Barring Request for
No
Courts to the from Warning replacement Others Total
Opinion
LSA appearance of the LAC
Count 84 1 1 3 3 0 92
Central
% of Total 12.0% .1% .1% .4% .4% .0% 13.1%
Count 38 1 0 4 0 0 43
East
% of Total 5.4% .1% .0% .6% .0% .0% 6.1%
High Count 65 0 0 2 1 0 68
Court % of Total 9.3% .0% .0% .3% .1% .0% 9.7%
Count 52 2 0 0 0 0 54
New Delhi
% of Total 7.4% .3% .0% .0% .0% .0% 7.7%
Count 50 0 0 3 0 0 53
North
% of Total 7.1% .0% .0% .4% .0% .0% 7.5%
North Count 36 0 0 1 0 0 37
East % of Total 5.1% .0% .0% .1% .0% .0% 5.3%
North Count 44 0 0 3 0 1 48
West % of Total 6.3% .0% .0% .4% .0% .1% 6.8%
Count 60 1 0 5 2 0 68
Shahadra
% of Total 8.5% .1% .0% .7% .3% .0% 9.7%
Count 42 1 0 0 0 0 43
South
% of Total 6.0% .1% .0% .0% .0% .0% 6.1%
54
Count 43 3 0 0 0 0 46
South East
% of Total 6.1% .4% .0% .0% .0% .0% 6.6%
South Count 85 0 0 18 6 0 109
West % of Total 12.1% .0% .0% 2.6% .9% .0% 15.5%
Count 32 1 0 8 0 0 41
West
% of Total 4.6% .1% .0% 1.1% .0% .0% 5.8%
Count 631 10 1 47 12 1 702
Total
% of Total 89.9% 1.4% .1% 6.7% 1.7% .1% 100.0%
These tables have displayed the primary data regarding nature of disciplinary action taken by
judicial officers based on the complaints or suo motto actions against LACs and the nature of
actions taken by them. 89.6 percent beneficiaries were under impression that judicial officers
had not taken any action against LACs, but 9.7 percent of judicial officers did take actions
on default of LACs. This is an indication or reflection of the approach of judicial officers that
most of them are reluctant to take any disciplinary action, because of occupation with too
much workloads and pendency of cases.
Out of 9.7 percent Judicial officers, which comes around 68 Judicial officers, 47 (6.7%) judges
orally warned LACs for not living up to the expectation of the legal aid services. 12 (1.7%)
requested or written for the replacement of LACs. In 10 cases, matter was reported to the DLSA
office for necessary actions against the defaulters. Further, in one case LAC was barred or
restricted from appearance in the court.
Table No. 22: Complaints made during trial against the LACs to the LSA
Count 64 37 8 109
South West
% of Total 9.1% 5.3% 1.1% 15.5%
Count 19 14 8 41
West
% of Total 2.7% 2.0% 1.1% 5.8%
Count 240 388 74 702
Total
% of Total 34.2% 55.3% 10.5% 100.0%
The above-mentioned data shows that 55.3 percent beneficiaries did not raise any grievances
or complaint, not because of satisfaction from the services provided by the LACs, but due to
fear that their LACs would be withdrawn and they will be helpless to defend their interests in
Courts. Around 34.2 percent (240 respondents) accepted to have filed one or more complaints
on various issues related to operations of LACs. About 74 respondents have not expressed
any opinion about the filing of any complaints against LACs.
Table No. 23: Numbers of complaints filed by the beneficiary during the trail
No
Courts 1-5 6-10 Above 10 Nil Total
Opinion
Count 60 30 2 0 0 92
Central
% of Total 8.5% 4.3% .3% .0% .0% 13.1%
Count 38 4 0 0 1 43
East
% of Total 5.4% .6% .0% .0% .1% 6.1%
Count 60 6 2 0 0 68
High Court
% of Total 8.5% .9% .3% .0% .0% 9.7%
Count 28 21 2 0 3 54
New Delhi
% of Total 4.0% 3.0% .3% .0% .4% 7.7%
Count 43 8 0 0 2 53
North
% of Total 6.1% 1.1% .0% .0% .3% 7.5%
Count 21 15 0 0 1 37
North East
% of Total 3.0% 2.1% .0% .0% .1% 5.3%
Count 37 11 0 0 0 48
North West
% of Total 5.3% 1.6% .0% .0% .0% 6.8%
Count 51 16 1 0 0 68
Shahadra
% of Total 7.3% 2.3% .1% .0% .0% 9.7%
Count 27 16 0 0 0 43
South
% of Total 3.8% 2.3% .0% .0% .0% 6.1%
Count 30 14 1 0 1 46
South East
% of Total 4.3% 2.0% .1% .0% .1% 6.6%
Count 45 63 0 0 1 109
South West
% of Total 6.4% 9.0% .0% .0% .1% 15.5%
Count 22 10 6 3 0 41
West
% of Total 3.1% 1.4% .9% .4% .0% 5.8%
Count 462 214 14 3 9 702
Total
% of Total 65.8% 30.5% 2.0% .4% 1.3% 100.0%
56
It is surprisingly to note that 214 out of 240 respondents filed more than one but less than
six complaints against LACs before the DLSA. 14 beneficiaries submitted more than six but
less than 11 complaints before the DLSA. There are three cases in South West District, where
more than 10 complaints were said to have been filed by three beneficiaries. Despite the fact
that 9 respondents had some grievances against LACs, they did not prefer any complaint
against anyone
Table No. 24: Nature of Complaints against the LACs
Warning
Not
for Not Seeking For
No available Deputing
Courts Raising frequent demanding Others Total
opinion for juniors
Good adjournments money
arguments
Arguments
Count 60 3 10 1 1 17 0 92
Central
% of Total 8.5% .4% 1.4% .1% .1% 2.4% .0% 13.1%
Count 38 0 4 0 0 0 1 43
East
% of Total 5.4% .0% .6% .0% .0% .0% .1% 6.1%
High Count 60 4 3 0 0 1 0 68
Court % of Total 8.5% .6% .4% .0% .0% .1% .0% 9.7%
Count 28 0 13 0 6 5 2 54
New Delhi
% of Total 4.0% .0% 1.9% .0% .9% .7% .3% 7.7%
Count 43 3 1 1 0 5 0 53
North
% of Total 6.1% .4% .1% .1% .0% .7% .0% 7.5%
Count 21 2 1 0 0 13 0 37
North East
% of Total 3.0% .3% .1% .0% .0% 1.9% .0% 5.3%
North Count 37 3 1 0 2 2 3 48
West % of Total 5.3% .4% .1% .0% .3% .3% .4% 6.8%
Count 51 1 8 1 0 7 0 68
Shahadra
% of Total 7.3% .1% 1.1% .1% .0% 1.0% .0% 9.7%
Count 27 0 3 0 0 13 0 43
South
% of Total 3.8% .0% .4% .0% .0% 1.9% .0% 6.1%
Count 30 1 10 1 0 3 1 46
South East
% of Total 4.3% .1% 1.4% .1% .0% .4% .1% 6.6%
Count 45 3 22 4 2 33 0 109
South West
% of Total 6.4% .4% 3.1% .6% .3% 4.7% .0% 15.5%
Count 22 0 4 0 2 13 0 41
West
% of Tot 3.1% .0% .6% .0% .3% 1.9% .0% 5.8%
Count 462 20 80 8 13 112 7 702
Total
% of Total 65.8% 2.8% 11.4% 1.1% 1.9% 16.0% 1.0% 100%
The table is reflecting upon the nature of complaint filed by the beneficiaries against LACs.
It is also pertinent of note that free legal aid services are proved and LACs are paid for the
services by the DLSA. Repeatedly, the DLSA, DSLSA have issued circulars and directed
LACs for not demanding money from legal aid beneficiaries. However, in practice money
have been demanded and such instance also reported to DLSA. Some 20 beneficiaries lodged
complaints for not making effective arguments or causal approach and commitments in the
disputes before courts.
57
About 112 respondents (16%) filed complaints about money demanded by LACs. 80 (11.4%)
complaints were filed because of non- availability of LACs on dates of hearing during the
pendency of disputes. Other complaints are related to deputing juniors (13,1.9%) and seeking
unnecessary adjournments( 8, 1.1%). The above mentioned complaints are the reflection of
lack of commitments and devotion of LACs on the objectives of legal aid services.
The said table depicts that in 193 (27.5%) beneficiaries were informed and aware of the
action taken based on their complaints against LACs. Whereas 42(6%) were not aware and
informed about the action taken or no action was taken against LACs. 5 beneficiaries, even
after filing complaints, were not interested in actions against LACs.
Table No. 26: Nature of disciplinary actions taken against the LACs
No
Courts Removal Warning Replacement Fine Total
comment
Count 68 0 10 14 0 92
Central
% of Total 9.7% .0% 1.4% 2.0% .0% 13.1%
Count 40 0 0 3 0 43
East
% of Total 5.7% .0% .0% .4% .0% 6.1%
58
High Count 47 1 17 3 0 68
Court % of Total 6.7% .1% 2.4% .4% .0% 9.7%
New Count 31 1 2 19 1 54
Delhi % of Total 4.4% .1% .3% 2.7% .1% 7.7%
Count 44 1 3 5 0 53
North
% of Total 6.3% .1% .4% .7% .0% 7.5%
North Count 21 1 2 13 0 37
East % of Total 3.0% .1% .3% 1.9% .0% 5.3%
North Count 39 1 5 2 1 48
West % of Total 5.6% .1% .7% .3% .1% 6.8%
Count 55 1 5 7 0 68
Shahadra
% of Total 7.8% .1% .7% 1.0% .0% 9.7%
Count 28 0 0 15 0 43
South
% of Total 4.0% .0% .0% 2.1% .0% 6.1%
South Count 38 0 2 6 0 46
East % of Total 5.4% .0% .3% .9% .0% 6.6%
This table provides for the details of actions taken against LACs because of written complaints
from beneficiaries, by the DLSA. In 148 complaints (21.1%), LACs were changed and
new LACs were allotted to beneficiaries. DLSA warned 58 LACs for not living up to the
commitments of the Legal aid system. Some 6 LACs were also removed from the roll of the
DLSA. Primary data received from the respondents of this category, also shows that in case
of 03 LACs fined were imposed, but the respondents were not in a position to explain the
nature of fine or penalty.
Count 68 8 6 2 0 1 7 92
Central
% of Total 9.7% 1.1% .9% .3% .0% .1% 1.0% 13.1%
Count 40 3 0 0 0 0 0 43
East
% of Total 5.7% .4% .0% .0% .0% .0% .0% 6.1%
Count 47 1 1 0 1 1 17 68
High Court
% of Total 6.7% .1% .1% .0% .1% .1% 2.4% 9.7%
59
Count 31 20 1 0 1 0 1 54
New Delhi
% of Total 4.4% 2.8% .1% .0% .1% .0% .1% 7.7%
Count 44 4 1 0 0 0 4 53
North
% of Total 6.3% .6% .1% .0% .0% .0% .6% 7.5%
Count 21 13 1 0 0 0 2 37
North East
% of Total 3.0% 1.9% .1% .0% .0% .0% .3% 5.3%
Count 39 3 2 0 0 0 4 48
North West
% of Total 5.6% .4% .3% .0% .0% .0% .6% 6.8%
Count 55 4 1 2 0 0 6 68
Shahadra
% of Total 7.8% .6% .1% .3% .0% .0% .9% 9.7%
Count 28 15 0 0 0 0 0 43
South
% of Total 4.0% 2.1% .0% .0% .0% .0% .0% 6.1%
Count 38 0 6 0 0 0 2 46
South East
% of Total 5.4% .0% .9% .0% .0% .0% .3% 6.6%
Count 51 32 17 0 0 0 9 109
South West
% of Total 7.3% 4.6% 2.4% .0% .0% .0% 1.3% 15.5%
Count 25 12 0 0 0 0 4 41
West
% of Total 3.6% 1.7% .0% .0% .0% .0% .6% 5.8%
Count 487 115 36 4 2 2 56 702
Total
% of Total 69.4% 16.4% 5.1% .6% .3% .3% 8.0% 100%
The above-mentioned data is a revelation on the change of LACs based on oral as well written
complaints by the DLSA. In 115 (16.4%) complaints, LACs were changed once during the
pendency of disputes before courts. Two LACs were changed in 36 Cases. Whereas in 4
cases, more than 4 LACs were changed on the complaints from the beneficiaries. Despite
raising/filing complaints for change of LACs, there was no change of LACs In 56 complaints.
Change of LACs is a matter of routine for the DLSA.
Table No. 28: Availability of the LACs for the discussion with clients
Count 46 43 3 92
Central
% of Total 6.6% 6.1% .4% 13.1%
Count 24 10 9 43
East
% of Total 3.4% 1.4% 1.3% 6.1%
Count 26 42 0 68
High Court
% of Total 3.7% 6.0% .0% 9.7%
Count 35 16 3 54
New Delhi
% of Total 5.0% 2.3% .4% 7.7%
Count 27 21 5 53
North
% of Total 3.8% 3.0% .7% 7.5%
60
Count 24 10 3 37
North East
% of Total 3.4% 1.4% .4% 5.3%
Count 22 22 4 48
North West
% of Total 3.1% 3.1% .6% 6.8%
Count 30 36 2 68
Shahadra
% of Total 4.3% 5.1% .3% 9.7%
Count 27 13 3 43
South
% of Total 3.8% 1.9% .4% 6.1%
Count 22 20 4 46
South East
% of Total 3.1% 2.8% .6% 6.6%
Count 57 44 8 109
South West
% of Total 8.1% 6.3% 1.1% 15.5%
Count 24 14 3 41
West
% of Total 3.4% 2.0% .4% 5.8%
Count 364 291 47 702
Total
% of Total 51.9% 41.5% 6.7% 100.0%
Availability of LACs for consultation and guidance is very important for the protection of
interests of beneficiaries. 364 (51.9%) respondents reported that LACs were available for
consultation and advice. 291 (41.5%) felt that LACs were not keen to interact and advise
them about the disputes. Whereas 47 respondents did not express any opinion about the
availability of LACs for consultation.
Bar chart reflects that in case of Delhi High Court and Shahdara District, non- availability of
LACs is high than availability of LACs. In other districts, availability of LACs is above the
degree of non-availability. Further, the problem of non-availability of LACs is not confined
to one particular district.
61
Table No. 29: Occasions of Availability of the LACs during the cases
This table shows that 185 respondents were allowed to consult or met LACs for more than one
time but less than 6 times. The category 6-10 meetings represents 90 frequency. More than 10
meetings took place in 65 instances of respondents. Around 3.4 percent of the beneficiaries
have not provided any feedback on the issue of interactions between LACs and beneficiaries
during the pendency of litigation.
Table No. 30: Place of interaction between the LACs & the beneficiary
Count 9 12 15 3 48 5 92
Central
% of Total 1.3% 1.7% 2.1% .4% 6.8% .7% 13.1%
Count 0 6 13 0 11 13 43
East
% of Total .0% .9% 1.9% .0% 1.6% 1.9% 6.1%
62
High Count 4 8 0 1 55 0 68
Court % of Total .6% 1.1% .0% .1% 7.8% .0% 9.7%
New Count 3 24 3 9 12 3 54
Delhi % of Total .4% 3.4% .4% 1.3% 1.7% .4% 7.7%
Count 3 3 2 0 38 7 53
North
% of Total .4% .4% .3% .0% 5.4% 1.0% 7.5%
North Count 1 12 0 0 22 2 37
East % of Total .1% 1.7% .0% .0% 3.1% .3% 5.3%
North Count 3 11 3 20 3 8 48
West % of Total .4% 1.6% .4% 2.8% .4% 1.1% 6.8%
Count 3 14 9 3 35 4 68
Shahadra
% of Total .4% 2.0% 1.3% .4% 5.0% .6% 9.7%
Count 1 18 5 3 11 5 43
South
% of Total .1% 2.6% .7% .4% 1.6% .7% 6.1%
South Count 0 6 6 2 27 5 46
East % of Total .0% .9% .9% .3% 3.8% .7% 6.6%
of meeting between the parties and LACs. Some 61 Respondents met LACs at various places
such as court premises, canteen, and waiting rooms.
The Bar Chart shows that in 08 out of 12 districts including Delhi High Court, the place of
meeting for any interaction was Courts during hearing dates only. In other 04 Districts, Courts
premises was also an important palace of their meetings and interactions. Lack of availability
of space and commitments of LACs are the major contributors of lack of interaction.
Table No. 31: Duration of interaction between the LACs and the beneficiaries
Courts 1-2 hours 3-5 hours 6-10 hours Above 10 Hours Nil Total
Count 73 4 2 2 11 92
Central
% of Total 10.4% .6% .3% .3% 1.6% 13.1%
Count 18 6 2 2 15 43
East
% of Total 2.6% .9% .3% .3% 2.1% 6.1%
Count 44 0 0 0 24 68
High Court
% of Total 6.3% .0% .0% .0% 3.4% 9.7%
Count 37 1 0 0 16 54
New Delhi
% of Total 5.3% .1% .0% .0% 2.3% 7.7%
Count 36 4 1 1 11 53
North
% of Total 5.1% .6% .1% .1% 1.6% 7.5%
Count 30 1 0 0 6 37
North East
% of Total 4.3% .1% .0% .0% .9% 5.3%
Count 30 4 1 1 12 48
North West
% of Total 4.3% .6% .1% .1% 1.7% 6.8%
Count 52 6 1 0 9 68
Shahadra
% of Total 7.4% .9% .1% .0% 1.3% 9.7%
Count 21 1 0 2 19 43
South
% of Total 3.0% .1% .0% .3% 2.7% 6.1%
Count 29 3 0 0 14 46
South East
% of Total 4.1% .4% .0% .0% 2.0% 6.6%
Count 66 7 4 1 31 109
South West
% of Total 9.4% 1.0% .6% .1% 4.4% 15.5%
Count 19 1 10 8 3 41
West
% of Total 2.7% .1% 1.4% 1.1% .4% 5.8%
Count 455 38 21 17 171 702
Total
% of Total 64.8% 5.4% 3.0% 2.4% 24.4% 100.0%
64
Count 2 36 21 1 32 92
Central
% of Total .3% 5.1% 3.0% .1% 4.6% 13.1%
Count 6 13 1 2 21 43
East
% of Total .9% 1.9% .1% .3% 3.0% 6.1%
Count 0 22 26 0 20 68
High Court
% of Total .0% 3.1% 3.7% .0% 2.8% 9.7%
Count 2 25 5 0 22 54
New Delhi
% of Total .3% 3.6% .7% .0% 3.1% 7.7%
Count 2 21 9 1 20 53
North
% of Total .3% 3.0% 1.3% .1% 2.8% 7.5%
Count 2 10 4 0 21 37
North East
% of Total .3% 1.4% .6% .0% 3.0% 5.3%
Count 3 13 13 2 17 48
North West
% of Total .4% 1.9% 1.9% .3% 2.4% 6.8%
Count 6 20 18 2 22 68
Shahadra
% of Total .9% 2.8% 2.6% .3% 3.1% 9.7%
Count 0 10 9 1 23 43
South
% of Total .0% 1.4% 1.3% .1% 3.3% 6.1%
Count 3 15 11 0 17 46
South East
% of Total .4% 2.1% 1.6% .0% 2.4% 6.6%
Count 3 37 27 3 39 109
South West
% of Total .4% 5.3% 3.8% .4% 5.6% 15.5%
Count 2 15 6 0 18 41
West
% of Total .3% 2.1% .9% .0% 2.6% 5.8%
Count 31 237 150 12 272 702
Total
% of Total 4.4% 33.8% 21.4% 1.7% 38.7% 100.0%
65
The table and bar chart provide for the difficulties faced by respondents while dealing with
LACs in availing legal aid services. Around 237 (33.8%) beneficiaries opined that LACs
were not so keen to interact with them. Further about 150 (21.4%) respondents in Category
3, felt that LACs were pre-occupied with their private practices and have given priority to
private practice over legal aid services.
Low honorarium of LACs (33, 4.4%), though partially, has also contributed to the plight of
respondents. It is also pertinent to specify that a good number of respondents (272, 38.7%)
refused to disclose anything about the difficulties while interacting with LACs. Most of
the nil category were under impression that if complaint is filed or operations of LACs are
divulge then, they will lose-out the LACs for their disputes.
As per the Bar Chart, it is evident the category “no keen interests to interact” largely have
affected the operations of legal aid services in all districts and Delhi High Court. Hesitation
on the part of respondents to disclose anything against LACs, and priority to private practices
by LACs, are also reported from all places in the Universe for the research.
Count 29 57 6 92
Central
% of Total 4.1% 8.1% .9% 13.1%
Count 20 14 9 43
East
% of Total 2.8% 2.0% 1.3% 6.1%
Count 21 47 0 68
High Court
% of Total 3.0% 6.7% .0% 9.7%
Count 17 34 3 54
New Delhi
% of Total 2.4% 4.8% .4% 7.7%
Count 16 32 5 53
North
% of Total 2.3% 4.6% .7% 7.5%
Count 8 28 1 37
North East
% of Total 1.1% 4.0% .1% 5.3%
66
Count 17 27 4 48
North West
% of Total 2.4% 3.8% .6% 6.8%
Count 22 41 5 68
Shahadra
% of Total 3.1% 5.8% .7% 9.7%
Count 12 28 3 43
South
% of Total 1.7% 4.0% .4% 6.1%
Count 18 24 4 46
South East
% of Total 2.6% 3.4% .6% 6.6%
Count 26 75 8 109
South West
% of Total 3.7% 10.7% 1.1% 15.5%
Count 20 17 4 41
West
% of Total 2.8% 2.4% .6% 5.8%
Count 226 424 52 702
Total
% of Total 32.2% 60.4% 7.4% 100.0%
It is also important to mention that one of the hypotheses of this research is to evaluate the
commitment and devotion of LACs and quality of legal aid services. One specific question
regarding LACs was included and put across to beneficiaries for evaluation the commitments
of Lacs. This table and Bar Char are the vision and assessment of commitment of LACs by
the beneficiaries.
Around 424 beneficiaries, which is about 60.4% of the total respondents, opined that LACs
are not devoted as well as not committed to the causes of legal aid services. About 226
(32.2%) of the respondents felt it otherwise. Nevertheless, 74 beneficiaries did not express
any opinion on the commitment of LACs.
The problem of lack of commitment is not confined to one particular district but also have
affected the operations of LAS across the Universe of the research. The primary data also
displays the high degree of disagreement between lack of commitments and commitments of
LACs. West District is the only exception where commitments of LACs have outnumbered
non-commitments of LACs.
67
Hostile to the
Strongly Partially Not
Courts objectives of legal Others Total
devoted deviated devoted
aid system
Count 26 17 24 22 3 92
Central
% of Total 3.7% 2.4% 3.4% 3.1% .4% 13.1%
Count 17 4 6 4 12 43
East
% of Total 2.4% .6% .9% .6% 1.7% 6.1%
High Count 20 4 28 16 0 68
Court % of Total 2.8% .6% 4.0% 2.3% .0% 9.7%
Count 15 8 27 1 3 54
New Delhi
% of Total 2.1% 1.1% 3.8% .1% .4% 7.7%
Count 10 15 17 7 4 53
North
% of Total 1.4% 2.1% 2.4% 1.0% .6% 7.5%
North Count 4 9 20 3 1 37
East % of Total .6% 1.3% 2.8% .4% .1% 5.3%
North Count 12 12 17 5 2 48
West % of Total 1.7% 1.7% 2.4% .7% .3% 6.8%
Count 21 13 22 11 1 68
Shahadra
% of Total 3.0% 1.9% 3.1% 1.6% .1% 9.7%
Count 10 2 23 5 3 43
South
% of Total 1.4% .3% 3.3% .7% .4% 6.1%
South Count 12 14 16 2 2 46
East % of Total 1.7% 2.0% 2.3% .3% .3% 6.6%
As per the rating of the LACs by 179 beneficiaries, 25.5%, LACs were strongly devoted
to the commitments of legal aid system and clients of legal aid services. 262 respondents,
37.3%, represent the Category of ‘not devoted’. 96, (13.7%) respondents feel that LACs
were very hostile to the interests of beneficiaries. 130, 18.5% beneficiaries considered that
LACs are not at all committed.
A combination of partial devotion, non- commitments and hostility towards the clients of
legal aid services, which represents 130+262+96=488, 69.5% of the respondents, infers that
LACs are not fully committed and devoted to the causes of beneficiaries. The Bar chart
portrays that the issues of non-commitment, hostility and partial commitment have adversely
affected the operation of legal aid services.
Table No. 35: Would you like to use the LAS in future for any other case?
Yes, if no
Courts No at all No Response Total
resources
Count 41 42 9 92
Central
% of Total 5.8% 6.0% 1.3% 13.1%
Count 22 10 11 43
East
% of Total 3.1% 1.4% 1.6% 6.1%
Count 24 42 2 68
High Court
% of Total 3.4% 6.0% .3% 9.7%
Count 35 14 5 54
New Delhi
% of Total 5.0% 2.0% .7% 7.7%
Count 20 24 9 53
North
% of Total 2.8% 3.4% 1.3% 7.5%
Count 21 13 3 37
North East
% of Total 3.0% 1.9% .4% 5.3%
Count 27 13 8 48
North West
% of Total 3.8% 1.9% 1.1% 6.8%
Count 36 29 3 68
Shahadra
% of Total 5.1% 4.1% .4% 9.7%
Count 29 7 7 43
South
% of Total 4.1% 1.0% 1.0% 6.1%
Count 20 22 4 46
South East
% of Total 2.8% 3.1% .6% 6.6%
Count 49 49 11 109
South West
% of Total 7.0% 7.0% 1.6% 15.5%
Count 24 12 5 41
West
% of Total 3.4% 1.7% .7% 5.8%
Count 348 277 77 702
Total
% of Total 49.6% 39.5% 11.0% 100.0%
Two different questions on the trust over the LACs and Legal aid system were put to the
beneficiaries. These questions are designed to extract the responses of beneficiaries on their
willingness to apply for legal aid services of a particular LAC and Legal aid system. The data
shown in the above-mentioned tables is a depiction of the loss of trust or faith over the legal
aid counsels as well as the legal aid system.
69
About 49.6 percent of the respondents have expressed their unwillingness to opt for legal aid
services. These respondents would apply for the legal aid services in case of non-availability
of resources to engage a private legal practitioner. Similarly, 39.5 percent are not at all
interested in approaching legal aid services in future. The same trend is also evident in case of
individual LAC, where disputes related to beneficiaries were pending at the time of recording
the said data. 64.8 percent respondents would avail these services under compulsion, due of
lack of resources, and voluntarily. 23.6 percent respondents have shown their reluctance to
opt for same LACs. 11.5 percent respondents exercised ‘no opinion’` option.
Table No. 36: If you have same problem in future, would you like to use the services of
same LAC again?
Yes under
No
Courts Compulsion, if no No Total
Opinion
resources available
Count 49 24 19 92
Central
% of Total 7.0% 3.4% 2.7% 13.1%
Count 21 17 5 43
East
% of Total 3.0% 2.4% .7% 6.1%
Count 60 6 2 68
High Court
% of Total 8.5% .9% .3% 9.7%
Count 40 11 3 54
New Delhi
% of Total 5.7% 1.6% .4% 7.7%
Count 38 10 5 53
North
% of Total 5.4% 1.4% .7% 7.5%
Count 32 4 1 37
North East
% of Total 4.6% .6% .1% 5.3%
Count 23 21 4 48
North West
% of Total 3.3% 3.0% .6% 6.8%
Count 39 17 12 68
Shahadra
% of Total 5.6% 2.4% 1.7% 9.7%
Count 31 10 2 43
South
% of Total 4.4% 1.4% .3% 6.1%
Count 29 11 6 46
South East
% of Total 4.1% 1.6% .9% 6.6%
Count 77 17 15 109
South West
% of Total 11.0% 2.4% 2.1% 15.5%
Count 16 18 7 41
West
% of Total 2.3% 2.6% 1.0% 5.8%
Count 455 166 81 702
Total
% of Total 64.8% 23.6% 11.5% 100.0%
70
In order to evaluate and assess the competency of LACs at the hands of beneficiaries, three
main parameter such as quality of arguments, quality of articulation and quality of drafting of
the LACs are taken into account. It is also important to mention that beneficiaries may not be
competent to evaluate the competency of an LAC. Nevertheless, this research had explained
all the perimeters of the assessments in advance. Observations of judicial officers during
trial against LACs and personal observations of respondents are the basis of the scrutiny
of the competency of LACs. Further, the researcher has also taken into accounts the other
independent assessments of judicial officers and regulators for reaching to some logical
conclusion in the findings of the research.
As per the opinion of 31, 4.4 percent respondents, quality of arguments of the LACs was very
good. 127, 8.8 percent of beneficiaries have rated LACs arguments as ‘good category’ 152,
21.7% have rated the quality of arguments under fair category (just average), whereas, 228,
32.5% (bad) 164, 23.4% very bad ratings are the black side of the story. It is revealed that
more than 50 percent (32.5%+23.45=almost 56 percent) of the beneficiaries have rated LACs
far below the level of satisfaction.
The combination of fair, bad and very bad category, which constitutes more than 75 percent
of the beneficiaries, has been speeded over all the places. This is a matter of serious concerns
for everyone involved in the promotion of legal aid services. The high-rise histograms in
these cases is a reflection of the quality of LACs for the purpose of quality arguments.
Table No. 38: Rating of the services provided by the LACs- Quality of Presentation/
articulation
Count 6 3 15 4 13 41
West
% of Total .9% .4% 2.1% .6% 1.9% 5.8%
Count 34 120 110 272 166 702
Total
% of Total 4.8% 17.1% 15.7% 38.7% 23.6% 100.0%
This table provides for the assessment of quality of articulation of LACs by beneficiaries in
civil as well as criminal courts. 38.7 percent (Bad) and 23.6 percent (very bad), categories,
which represents more than 60 of the respondents, depicts a sorry state of affairs on the quality
of articulation and presentation skills. 15.7 percent respondents have awarded average (fair)
rating to the LACs. 4.8 percent (Very good) and 17.1 percent (good), beneficiaries had some
positive hopes from the LACs. These 21.8 percent respondents have viewed LACs above
average level.
The big building blocks representing bad and very bad categories, have occupied a good
space in all the districts including Delhi High Court. The combination of bad and very bad,
which represent more than 62 percent of the respondents, display a gloomy picture of quality
legal aid services. The combination of good and very good is quite far behind from the
association of bad and very bad categories. Average Category, as assessed by 15.7 percent of
beneficiaries, have also figured in all districts and Delhi High Court.
Table No. 39: Rating of the services provided by the LACs- Quality of Drafting Skills
Courts Very Good Good Fair Bad Very Bad Total
Count 4 20 14 26 28 92
Central
% of Total .6% 2.8% 2.0% 3.7% 4.0% 13.1%
Count 4 11 9 8 11 43
East
% of Total .6% 1.6% 1.3% 1.1% 1.6% 6.1%
73
Count 2 16 5 27 18 68
High Court
% of Total .3% 2.3% .7% 3.8% 2.6% 9.7%
Count 3 7 9 28 7 54
New Delhi
% of Total .4% 1.0% 1.3% 4.0% 1.0% 7.7%
Count 2 7 6 19 19 53
North
% of Total .3% 1.0% .9% 2.7% 2.7% 7.5%
Count 1 3 3 23 7 37
North East
% of Total .1% .4% .4% 3.3% 1.0% 5.3%
Count 1 11 7 17 12 48
North West
% of Total .1% 1.6% 1.0% 2.4% 1.7% 6.8%
Count 7 9 12 23 17 68
Shahadra
% of Total 1.0% 1.3% 1.7% 3.3% 2.4% 9.7%
Count 4 4 8 19 8 43
South
% of Total .6% .6% 1.1% 2.7% 1.1% 6.1%
Count 2 9 8 20 7 46
South East
% of Total .3% 1.3% 1.1% 2.8% 1.0% 6.6%
Count 7 11 14 60 17 109
South West
% of Total 1.0% 1.6% 2.0% 8.5% 2.4% 15.5%
Count 3 6 14 5 13 41
West
% of Total .4% .9% 2.0% .7% 1.9% 5.8%
Count 40 114 109 275 164 702
Total
% of Total 5.7% 16.2% 15.5% 39.2% 23.4% 100.0%
Quality of written submission of a legal practitioner is very important to protect the interest
of a client. Quality of written submission is the third important category for the evaluation
of competency of LACs. It is true that not all beneficiaries may be competent to assess the
drafting skills of LACs. The research has taken into account the interaction related to written
submission, between the judicial officers and LAC , witnessed by the respondents during the
course of trial before judicial officers in civil as well as criminal courts. Competency of LACs
74
on written skills would also be determined after including the assessment of judicial officers
and Regulators.
Primary data shows that around 40, 5.7% (very good) and 114, 16.2% (good), respondents
opined that written skills of LACs were of the above average level. 15.5 % (fair), 39.2%
(bad) and 23.4% (very bad) beneficiaries were not satisfied with the written skills of the
LACs. It is also seen that more than 62 percent of beneficiaries have rated LACs far below
average level.
The dominant categories of bad, very bad and fair have occupied more than 75 percent of
the total space on the histograms displaying the responses on the quality of written skills of
LACs.
Table No. 40: Rating of the services provided by the LACs- Degree of Satisfaction
(overall)
The above-mentioned table and bar chart is an overall evaluation of the services of the
LACs from 11 Districts and Delhi High Court in Delhi. Good 5.4% and 17.4% of the total
respondents have graded very Good and good the services of the LACs .this is a reflection
of the fact that there are still committed and devoted LACs, but a few. Majority of the
respondents, 40.5% Bad and 22.4% very bad, are of the opinion that LACs were below
average in their commitments and performances. Around 14.4% of the beneficiaries felt that
LACs were average in their approaches. Bar Chart shows that bad and very bad categories
are not confined to one particular district or court. However, across the city, beneficiaries are
not satisfied from the services of the LACs. Good and very good categories of LACs, though
very low in numbers 160 out 702 respondents, are also seen in all courts
Count 19 26 3 48
North West
% of Total 2.7% 3.7% .4% 6.8%
Count 18 49 1 68
Shahadra
% of Total 2.6% 7.0% .1% 9.7%
Count 12 28 3 43
South
% of Total 1.7% 4.0% .4% 6.1%
Count 16 25 5 46
South East
% of Total 2.3% 3.6% .7% 6.6%
Count 24 80 5 109
South West
% of Total 3.4% 11.4% .7% 15.5%
Count 24 14 3 41
West
% of Total 3.4% 2.0% .4% 5.8%
Count 218 439 45 702
Total
% of Total 31.1% 62.5% 6.4% 100.0%
Respondents’ beneficiaries before recording their responses on the topic were explained
about the questions regarding the evaluation of the commitments and competency of LACs.
The above named table and bar chart with histogram has highlighted the assessment of
services of the LACs. 62.5 percent of the Respondents are not satisfied with the quality of
services delivered by LACs. Whereas, 31.1 Percent beneficiaries are convinced by the quality
of services. About 45 have not shown any keen interest in the assessment of LACs for their
low quality of services.
Green colour in the histogram is a reflection of the dissatisfaction of beneficiaries over the
services of LACs across the city of Delhi in 11 districts and Delhi High Court. There is a wide
gap, with an exception of West District, between the level or degree of dissatisfaction and
satisfaction on the services of LACs. It is a logical reflection on the competency of LACs in
all districts in the Universe.
77
Highly Highly
Courts Satisfactory Unsatisfactory No comments Total
satisfactory unsatisfactory
Count 6 23 40 18 5 92
Central
% of Total .9% 3.3% 5.7% 2.6% .7% 13.1%
Count 2 18 6 6 11 43
East
% of Total .3% 2.6% .9% .9% 1.6% 6.1%
Count 2 19 27 19 1 68
High Court
% of Total .3% 2.7% 3.8% 2.7% .1% 9.7%
Count 2 16 12 21 3 54
New Delhi
% of Total .3% 2.3% 1.7% 3.0% .4% 7.7%
Count 3 13 21 13 3 53
North
% of Total .4% 1.9% 3.0% 1.9% .4% 7.5%
Count 0 7 11 18 1 37
North East
% of Total .0% 1.0% 1.6% 2.6% .1% 5.3%
Count 4 10 11 13 10 48
North West
% of Total .6% 1.4% 1.6% 1.9% 1.4% 6.8%
Count 7 15 23 16 7 68
Shahadra
% of Total 1.0% 2.1% 3.3% 2.3% 1.0% 9.7%
Count 2 8 9 17 7 43
South
% of Total .3% 1.1% 1.3% 2.4% 1.0% 6.1%
Count 4 11 8 15 8 46
South East
% of Total .6% 1.6% 1.1% 2.1% 1.1% 6.6%
Count 6 21 27 49 6 109
South West
% of Total .9% 3.0% 3.8% 7.0% .9% 15.5%
Count 6 5 20 3 7 41
West
% of Total .9% .7% 2.8% .4% 1.0% 5.8%
Count 44 166 215 208 69 702
Total
% of Total 6.3% 23.6% 30.6% 29.6% 9.8% 100.0%
78
Around 6.3% of the beneficiaries are highly satisfied and 23.6% were satisfied from the
services of the LAC, whereas on the other hand about 60.2% beneficiaries (30.6% highly
unsatisfactory and 29.6% unsatisfactory) were not at all satisfied with the quality of services
rendered by the LACs. Amount 9.8% has not expressed any view on the quality of services
of the LACs. The above-mentioned table and Bar Chart is also a repetition of evaluation in
other criteria. High-rise bars in case of South West and Central Districts show high rates of
dis-satisfaction, which is above average of all the districts, amongst the beneficiaries. This
research has not examined the specified reasons for the low level of satisfaction.
Table No.43: Major problems faced by the beneficiaries
while availing the services of LACs
LSA office Money
Courts No Opinion Commitment Total
inaction demand
Count 59 23 0 10 92
Central
% of Total 8.4% 3.3% .0% 1.4% 13.1%
Count 25 12 2 4 43
East
% of Total 3.6% 1.7% .3% .6% 6.1%
Count 52 16 0 0 68
High Court
% of Total 7.4% 2.3% .0% .0% 9.7%
Count 50 2 0 2 54
New Delhi
% of Total 7.1% .3% .0% .3% 7.7%
Count 38 10 3 2 53
North
% of Total 5.4% 1.4% .4% .3% 7.5%
Count 32 4 1 0 37
North East
% of Total 4.6% .6% .1% .0% 5.3%
Count 43 1 1 3 48
North West
% of Total 6.1% .1% .1% .4% 6.8%
Count 45 15 1 7 68
Shahadra
% of Total 6.4% 2.1% .1% 1.0% 9.7%
Count 30 8 0 5 43
South
% of Total 4.3% 1.1% .0% .7% 6.1%
Count 29 14 1 2 46
South East
% of Total 4.1% 2.0% .1% .3% 6.6%
Count 99 9 0 1 109
South West
% of Total 14.1% 1.3% .0% .1% 15.5%
Count 16 14 0 11 41
West
% of Total 2.3% 2.0% .0% 1.6% 5.8%
Count 518 128 9 47 702
Total
% of Total 73.8% 18.2% 1.3% 6.7% 100.0%
Beneficiaries of the legal aid services, in addition to the closed ended questions, to inquire
into record each pertinent justification on the services of LACs; researcher framed one open-
ended question. About 73.8% did not come out with any specific difficulty. Whereas 18.2%
repeated themselves on the lack of commitment. 1.3%, (about 9) respondents felt that District
LSAs was not supportive. It is also very important to note that about 6.7% respondents,
in addition to whatever stated earlier, have accepted that LACs demanded money for the
initiation of the process of litigation. It was very difficult for the beneficiaries to arrange for
unlawful consideration for the LACs for defending their interests in litigation
79
The specific arrangement of ad-hoc engagement of the LACs under the existing policy
of Legal Aid System in India was explained to the Respondents, before recording their
observations on the issue of appointment of LACs on regular employment. It is surprisingly
that around 44.3% respondents, across the State, were hesitant to express themselves for the
creation of a permanent system of legal aid services.
About 44.7% (15.8% highly recommended and 29.3%) of the respondents were very positive
to bring about such a change in the existing system by appointing LACs on full time basis.
They are hopeful that such system would certainly improve upon the quality of legal aid
services. About 10.5% of the total respondents were not hopeful about the creation of such
a system of full time engagement of LACs. These respondents felt that such arrangement is
unlikely to improve upon the commitment and quality of legal aid services.
Table No. 45: Recommendations to improve the quality of legal aid services
No
Courts Accountability Training Feedback Honorarium Others Total
Comments
Count 77 6 5 2 0 2 92
Central
% of Total 11.0% .9% .7% .3% .0% .3% 13.1%
Count 28 0 12 0 1 2 43
East
% of Total 4.0% .0% 1.7% .0% .1% .3% 6.1%
Count 68 0 0 0 0 0 68
High Court
% of Total 9.7% .0% .0% .0% .0% .0% 9.7%
Count 52 2 0 0 0 0 54
New Delhi
% of Total 7.4% .3% .0% .0% .0% .0% 7.7%
Count 49 4 0 0 0 0 53
North
% of Total 7.0% .6% .0% .0% .0% .0% 7.5%
Count 36 1 0 0 0 0 37
North East
% of Total 5.1% .1% .0% .0% .0% .0% 5.3%
Count 45 0 3 0 0 0 48
North West
% of Total 6.4% .0% .4% .0% .0% .0% 6.8%
Count 67 0 1 0 0 0 68
Shahadra
% of Total 9.5% .0% .1% .0% .0% .0% 9.7%
Count 37 3 3 0 0 0 43
South
% of Total 5.3% .4% .4% .0% .0% .0% 6.1%
Count 38 0 4 4 0 0 46
South East
% of Total 5.4% .0% .6% .6% .0% .0% 6.6%
Count 22 6 9 4 0 0 41
West
% of total 3.1% .9% 1.3% .6% .0% .0% 5.8%
626 22 38 11 1 4 702
Total Count
% of Total 89.2% 3.1% 5.4% 1.6% .1% .6% 100.0%
It is pertinent to note that a patient is the best doctor or a consumer is the best person to assess
the quality of goods. Similarly, a beneficiary of legal aid services would be in a better position
to provide insiders perspective about the problems in the legal aid services and possible
81
solutions of these hindrances. Keeping in mind the basic fact, this open-ended question was
formulated to get the feed backs from the respondents about viable solutions of the low
quality of legal aid services and lack of commitments of LACs.
It is evident from the above-mentioned data that 89.2% of the respondents, because of lack of
understating of the system of LACs and illiteracy, were not in a position to suggest anything
to enhance the quality of legal aid services. About 5.4% of the beneficiaries were of the
opinion that through quality training to the LACs, the system of legal aid system can provide
better services.
3.1% respondents claimed that the LACs are not accountable for the low quality of services,
which has resulted in perpetual casual approach of LACs, to anyone. As per their views,
a LAC is generally replaced by another LAC in case of any complaint, thereby severally
affecting the interests of the beneficiaries. Some of the respondents recommended that the
LACs should be compelled to pay individually to the beneficiaries in case of professional
negligence or professional misconducts on the part of the LACs.
Around 1.6% respondents claimed that regular feed backs form the beneficiaries regarding
the quality of services and commitment of the LACs would certainly promote the quality
of legal aid services in India.
Chapter V
Feedbacks from the Women, who were
entitled to free legal aid services, but did not
opt for legal aid services
The fifth category of respondent represents those women who were eligible for free legal aid
services but did not opt for the legal aid counsels. This category was recommended by Prof
Isenberg, Professor of Research Methodology, USA, during a discussion on my research
proposal in an International orientation programme on research methodology in India.
The fundamental objective of including this category of respondents is find out from them
as why did not utilize the free services of legal aid counsels, instead of paying charges to
private counsels for their litigation and what are their opinion regarding commitment and
competency of the LACs. The research has designed the specific questionnaire to explain
as why women who are entitled to free legal aid services, irrespective of income limit, are
reluctant to take the benefits of free legal services provided the LACs.
Researcher for the purpose of explaining the lack of trust of people over the legal aid system
because of non-commitment and lack of competency of LACs, has collected primary data
from Family Courts and other specialised courts dealing with women related offences, in 11
Districts of Delhi and Delhi High Court.
Data collected form the Universe has been examined on various parameters for the purpose
of evaluation of the perception of women on legal aid counsels. Primary data involving
various independent and dependent variables, has been summarized and critically examined
and displayed by tables and bar charts.
Table No. 46: Details of the proposed women respondents and Actual women
respondents of the special group
Proposed Actual
Sl No Category of Respondents
Respondents Respondents
1 New Delhi 87
3 South 88
4 Central 105
5 West 105
84
6 North 91
7 Shahadra 90
8 East 75
9 South West 84
10 High Court 43
11 North East 75
12 North West 95
Table No. 48: Awareness of the benefits under free legal aid system
In order to check the sensitization about the legal aid service system in women, who were
entitled to free legal aid services but did not opt for the legal aid services, this specific
question was framed. The main object of this exercise was to ascertain the level of awareness
and decline to the legal aid services. To find out as to whether women knew the scheme of
legal aid services or not and whether they were reluctant to approach legal aid system based
on people’s perception about the legal aid system.
85
It is depicted that 76.2% of the women respondents were well versed with the operations
and low quality of LACs and legal system in Delhi. Therefore, they took informed decision
and did not approach DLAs for availing free legal aid services. 23.8% of such women were
not fully aware of the legal aid system, but went by people’s perception about low quality
of legal aid services. It is also important that the rate of awareness and unawareness vary
from district to districts. Rate of awareness is quite high in Karkardooma Court Complex
as compared to other districts in South-West, New Delhi and Saket Court complexes. The
reluctant to opt for the legal aid services may be due to literacy rates and availability of
resources to engage private legal practitioner. Other researchers may also conduct a separate
research on these variables.
Table No. 49: Awareness on the process for claiming benefits under
the free legal aid system
Count 64 23 0 87
New Delhi
% of Total 6.2% 2.2% .0% 8.4%
Count 42 1 0 43
High Court
% of Total 4.0% .1% .0% 4.1%
Count 49 26 0 75
North East
% of Total 4.7% 2.5% .0% 7.2%
Count 80 14 1 95
North West
% of Total 7.7% 1.3% .1% 9.1%
Count 64 27 10 101
South East
% of Total 6.2% 2.6% 1.0% 9.7%
Count 67 21 0 88
South
% of Total 6.4% 2.0% .0% 8.5%
Count 77 28 0 105
Central
% of Total 7.4% 2.7% .0% 10.1%
86
Count 72 8 25 105
West
% of Total 6.9% .8% 2.4% 10.1%
Count 51 40 0 91
North
% of Total 4.9% 3.8% .0% 8.8%
Count 55 34 1 90
Shahadra
% of Total 5.3% 3.3% .1% 8.7%
Count 50 25 0 75
East
% of Total 4.8% 2.4% .0% 7.2%
Count 74 10 0 84
South West
% of Total 7.1% 1.0% .0% 8.1%
Count 745 257 37 1039
Total
% of Total 71.7% 24.7% 3.6% 100.0%
Primary date in the table and bar chart highlight the level of sensitisation on benefits claim
procedure for free legal aid services in Delhi. 71.7%, were fully aware of claim process,
then also they did not avail free legal aid services. 24.7% of the respondents were not fully
aware of the procedure for claiming such benefits. Around 3.6% women did not express any
opinion on the question.
There is no significant difference between Table No 48 on awareness on free legal services
and Table No 49 on claim procedure. One fact is very common in the specific group is that
lack of trust over the legal aid services and unwillingness to avail free legal services.
Table No. 50: Instances of availing the free legal aid services in the past
Count 0 90 90
Shahadra
% of Total .0% 8.7% 8.7%
Count 0 75 75
East
% of Total .0% 7.2% 7.2%
Count 0 84 84
South West
% of Total .0% 8.1% 8.1%
Count 29 1010 1039
Total
% of Total 2.8% 97.2% 100.0%
In order to inquire into unwillingness of women to take benefits of free legal aid services, it was
felt necessary to find out whether these respondents had first had experience of legal services or
they went by public perception about the low quality of services provided by the LACs. Data
in the table shows that 97.2% did not avail the services of LACs any time in the past and had
not first-hand experience of legal aid services but borrowed public perception on low quality
of the LACs. About 2.8% of the women respondents had some exposer of legal aid services.
Bar Char reflects the dominance of green bars over blue bars across the State. In New Delhi,
North West and North District, some women beneficiaries had some bitter experience of legal
aid services. In other cases, women in family courts and specialized courts for women had
not exposer but sill preferred private legal practitioners to the LACs.
It can logically be inferred from the said data that LACs have not lived up to the expectation
of the beneficiaries therefore people largely do not trust the free services of legal aid. In other
words, the existing system of legal aid services have failed to win over the trust deficit created
by the low quality of legal aid services and lack of commitments of most of the LACs.
88
Table No. 51: Reasons for not opting for services of Legal Aid Counsels
Not aware No
Lack of No Complex
Courts of the commitment Others Total
Competency Faith process
process and sincerity
Count 28 19 39 0 0 1 87
New Delhi
% of Total 2.7% 1.8% 3.8% .0% .0% .1% 8.4%
Count 0 1 42 0 0 0 43
High Court
% of Total .0% .1% 4.0% .0% .0% .0% 4.1%
Count 15 25 35 0 0 0 75
North East
% of Total 1.4% 2.4% 3.4% .0% .0% .0% 7.2%
Count 25 15 44 0 0 11 95
North West
% of Total 2.4% 1.4% 4.2% .0% .0% 1.1% 9.1%
Count 1 35 53 0 0 12 101
South East
% of Total .1% 3.4% 5.1% .0% .0% 1.2% 9.7%
Count 7 7 74 0 0 0 88
South
% of Total .7% .7% 7.1% .0% .0% .0% 8.5%
Count 41 28 21 15 0 0 105
Central
% of Total 3.9% 2.7% 2.0% 1.4% .0% .0% 10.1%
Count 35 27 42 0 0 1 105
West
% of Total 3.4% 2.6% 4.0% .0% .0% .1% 10.1%
Count 12 9 62 1 0 7 91
North
% of Total 1.2% .9% 6.0% .1% .0% .7% 8.8%
Count 18 24 48 0 0 0 90
Shahadra
% of Total 1.7% 2.3% 4.6% .0% .0% .0% 8.7%
Count 14 32 29 0 0 0 75
East
% of Total 1.3% 3.1% 2.8% .0% .0% .0% 7.2%
Count 22 14 46 0 2 0 84
South West
% of Total 2.1% 1.3% 4.4% .0% .2% .0% 8.1%
Count 218 236 535 16 2 32 1039
Total
% of Total 21.0% 22.7% 51.5% 1.5% .2% 3.1% 100%
89
Respondents of the specific category were requested to share their views on the unwilling to
opt for the legal aid services. This table shows that more than 51.5% of the respondents felt
that they have no trust over the services of the LACs. The Bar Chart also reflects the lack
of trust over the services of the LACs across the Universe. About 21 % of the respondents
do not believe in the capability of the LACs. Further, around 22.7% were not aware of the
process, but also unwilling to engage the services of the LACs.
It is evident for the data that more than 95 % of the women respondents were not interested
to get the benefits of free legal aid services. Most of the respondents were in sound financial
positon to engage private legal practitioners. If they had no resources then there would have
been some possibility to opt for the free legal aid services.
Table No. 52: Who did advise you for not opting for legal aid services?
A person
Private Legal who had Own No
Courts Friends Others Total
practitioners availed experience opinion
legal aid
Count 3 0 0 3 67 14 87
New Delhi
% of Total .3% .0% .0% .3% 6.4% 1.3% 8.4%
Count 0 0 0 0 2 41 43
High Court
% of Total .0% .0% .0% .0% .2% 3.9% 4.1%
Count 60 0 0 0 15 0 75
North East
% of Total 5.8% .0% .0% .0% 1.4% .0% 7.2%
Count 15 1 13 1 62 3 95
North West
% of Total 1.4% .1% 1.3% .1% 6.0% .3% 9.1%
Count 17 1 25 1 36 21 101
South East
% of Total 1.6% .1% 2.4% .1% 3.5% 2.0% 9.7%
Count 0 0 0 0 0 88 88
South
% of Total .0% .0% .0% .0% .0% 8.5% 8.5%
Count 77 0 0 0 28 0 105
Central
% of Total 7.4% .0% .0% .0% 2.7% .0% 10.1%
Count 0 0 77 0 26 2 105
West
% of Total .0% .0% 7.4% .0% 2.5% .2% 10.1%
Count 17 3 0 15 32 24 91
North
% of Total 1.6% .3% .0% 1.4% 3.1% 2.3% 8.8%
Count 2 0 60 3 20 5 90
Shahadra
% of Total .2% .0% 5.8% .3% 1.9% .5% 8.7%
Count 60 0 0 0 15 0 75
East
% of Total 5.8% .0% .0% .0% 1.4% .0% 7.2%
90
Count 26 0 42 0 12 4 84
South West
% of Total 2.5% .0% 4.0% .0% 1.2% .4% 8.1%
It is seen from the data in the Table that hardly 2.2% respondents had first-hand experience of
legal aid services before engaging the services of private legal practitioners. Further women
respondents have highly relied upon the assistances of others such as friends (26.7%) and
person who availed legal aid services (20.9%), for assessing, the quality of legal aid services
themselves. It reflects that people go by the perception of public on public services. Free
Legal aid system in Delhi is also grappling with the bad image perception. Quality of legal
services coupled with proper sensitization of people on legal aid services can overcome the
trust deficit syndrome.
About 30 % of the respondents have not expressed any opinion on the topic. The response
category of others (19.4%) includes judicial officers and government official employed in
the courts in 11 Districts and Delhi High Court, who briefed this category of respondents for
ignoring the system of Legal aid services.
Count 84 0 84
South West
% of Total 8.1% .0% 8.1%
Count 1036 3 1039
Total
% of Total 99.7% .3% 100.0%
It is noticed from the primary data that 99.7% respondents had never employed LACs for
defending their disputes/claims. Almost 100% of the respondents ignore the services of
LACs. The same is a depiction of lack of trust over the free legal aid service. Nobody was
interested in free legal aid services provided by the DSLA and DHLSC. Only 3 (.3%) out
of 1039 had engaged the services of LACs before moving to the private legal practitioner.
Count 83 0 4 87
New Delhi
% of Total 8.0% .0% .4% 8.4%
Count 43 0 0 43
High Court
% of Total 4.1% .0% .0% 4.1%
Count 75 0 0 75
North East
% of Total 7.2% .0% .0% 7.2%
Count 93 0 2 95
North West
% of Total 9.0% .0% .2% 9.1%
Count 99 1 1 101
South East
% of Total 9.5% .1% .1% 9.7%
Count 88 0 0 88
South
% of Total 8.5% .0% .0% 8.5%
Count 104 0 1 105
Central
% of Total 10.0% .0% .1% 10.1%
Count 104 0 1 105
West
% of Total 10.0% .0% .1% 10.1%
Count 51 3 37 91
North
% of Total 4.9% .3% 3.6% 8.8%
Count 84 0 6 90
Shahadra
% of Total 8.1% .0% .6% 8.7%
Count 75 0 0 75
East
% of Total 7.2% .0% .0% 7.2%
Count 76 0 8 84
South West
% of Total 7.3% .0% .8% 8.1%
Count 975 4 60 1039
Total
% of Total 93.8% .4% 5.8% 100.0%
92
Women, who were eligible for the free legal aid services did not opt for such services, where
no consideration for the services rendered is required, chose paid services of private legal
practitioners. It is visible from Table No 51, where justification for not opting the services of
LACs are recorded, and this current table where, reasons for selecting paid services, that due
to trust deficit because of low quality free legal aid services women have not come forward
to recognize legal aid services.
About 93.8% of the respondents have opined that they opted for paid services over free legal
aid service based on commitments and competency of private legal practitioners. Whereas
5.8% have appointed private legal practitioners on other grounds such as accountability, trust
and easy access for interaction and discussion for the claims of the respondents.
Chapter VI
Analysis of Data collected from the
Regulators of the Legal Aid Services
The legal aid services in the State of Delhi has been regulated by the Delhi State Legal
Services Authority (DSLSA). The DSLSA regulates member secretaries of 11 Districts
Legal Aid Services Authorities and Delhi High Court Legal Aid Services Committee.
These regulators are responsible for the empanelment, allocation of legal aid cases, and
regulating the conducts of the LACs. The interaction with the regulators of the legal aid
serves in 11 Districts and Delhi High Court Legal Services Committee, was confined to the
assessment of the commitment and competency of the LACs in case of drafting, articulation
and communication skills. Regulators were requested through personally administered
questionnaire to evaluate the quality of services of the LACs and the operations of the
Districts LSAs in regulating their conducts.
In order to evaluate the conducts and commitments, and competency of the LACs, Researcher
intended to collect primary data on the basis of the specific questionnaire from all the Member
Secretaries in 11 Districts, Delhi High Court Legal Aid Services Committee, Supreme
Court Legal Aid Services Committee, Member Secretary DSLSA, and Member Secretary
of the Apex authority on legal aid, NALSA. Despite serious efforts and approaching these
regulators on numerous occasion, and availability of limited resources and time, researcher
is able to collected primary data from 10 Member Secretaries in 10 Districts and member
Secretary Delhi High Court Legal Services Committee.
Member Secretary of the Shahadra District was hostile towards the research. He ridiculed
this research endeavours and never allowed to collect any data regarding the details of the
beneficiaries and legal aid counsels, from his office. Despite the fact that the appropriate
permission was granted by the DSLSA, which was also communicated to the said member
secretary, no support of any kind on the functioning of legal aid services in District Shahdara,
was given. Researcher had to struggle to collect data from the said district. Other member
secretaries in 10 Districts, especially, Mr. Bhalla, Dwarka, Mr. Pathak, & Mr. Malhotra
Delhi High Court Legal Service Committee, without hiding anything, were supportive and
facilitated this research.
Proposed
Sl No Category of Respondents Actual Respondents
Respondents
Regulators: (Each District
4. 1 x 12 = 12 11
Court and Delhi High Court )
Sl No Courts Regulators
1 New Delhi 1
2 South East 1
3 South 1
94
4 Central 1
5 West 1
6 North 1
7 Shahadra 0
8 East 1
9 South West 1
10 High Court 1
11 North East 1
12 North West 1
Total Respondents 11
Table No. 56: Preferential qualifications for the empanelment of the LACs
Count 0 0 1 1
New Delhi
% of Total .0% .0% 9.1% 9.1%
Count 1 0 0 1
South East
% of Total 9.1% .0% .0% 9.1%
Count 1 0 0 1
South
% of Total 9.1% .0% .0% 9.1%
Count 1 0 0 1
Central
% of Total 9.1% .0% .0% 9.1%
Count 1 0 0 1
West
% of Total 9.1% .0% .0% 9.1%
Count 1 0 0 1
North
% of Total 9.1% .0% .0% 9.1%
Count 1 0 0 1
East
% of Total 9.1% .0% .0% 9.1%
Count 1 0 0 1
South West
% of Total 9.1% .0% .0% 9.1%
Count 0 0 1 1
High Court
% of Total .0% .0% 9.1% 9.1%
Count 0 1 0 1
North East
% of Total .0% 9.1% .0% 9.1%
Count 1 0 0 1
North West
% of Total 9.1% .0% .0% 9.1%
Count 8 1 2 11
Total
% of Total 72.7% 9.1% 18.2% 100.0%
95
It is pertinent to mention that there is no dearth of resources for funding legal aid services.
However, people do not trust legal aid services because of various contributory factors.
Legal aid Counsels are the main driving force of legal aid services. Therefore committed
and competent LACs, to promote legal aid service and protect the interest of poor people for
providing speedy and economical access to justice system, are the need of the hours for every
legal aid system at State or District levels.
In order to find out the effectiveness of the empanelment process for employment of the
LACs, regulators were approach to specify the qualities and competency considered by them
for the empanelment of the LACs. Most of the regulators considered experience or practice
in courts for the empanelment. About 72.7% of the regulators opined that experience in the
relevant courts is sole criteria for such employment. Whereas 18.2% have expressed that
commitments of LACs towards the beneficiaries are always taken into account for such
engagement.
During the course of this empirical research it is also observed and confirmed by various
senior judicial officers that largely LACs are empaneled based on recommendation from other
cenior judicial officers of the same courts or other court. Only one out of 11 (9.1%) regulators
have accepted such appointments are made because of recommendations of various judicial
officers. It is again very strange that competency and commitments of LACs are hardly taken
into account for the empanelment.
Commitment of LACs for the legal aid service is directly related to the objectives for joining
legal aid system. It is observed that 54.5% of the regulators, feel that the LACs join legal aid
services for promoting and supporting the causes of the beneficiaries of the legal aid services.
About 9.1%, one out of 11 regulators felt that LACs join legal aid services for employment
opportunities. In other words, legal aid services provide for survival employment benefits to
the LACs in courts.
Table No. 57: Justifications by the LACs for joining the legal aid services
Count 1 0 0 1
High Court
% of Total 9.1% .0% .0% 9.1%
Count 0 0 1 1
North East
% of Total .0% .0% 9.1% 9.1%
Count 0 1 0 1
North West
% of Total .0% 9.1% .0% 9.1%
Count 6 4 1 11
Total
% of Total 54.5% 36.4% 9.1% 100.0%
36.4% regulators were of the considered views that LACs joins legal aid services to
gain experience in courts. The moment practices of LACs is established and gains some
experience, these LACs deserts the LSA. Therefore in most of the cases, It is revealed that
legal aid services are treated as a platform to gain some experience and exposer or in other
words, LACs are allowed to practice and experiments at the cost of poor beneficiaries in most
of the cases.
Table No. 58: Places of Interaction between the LACs & the beneficiaries
Office of Chamber of
Courts Jails Court Total
LSA advocate
Count 1 0 0 0 1
New Delhi
% of Total 9.1% .0% .0% .0% 9.1%
Count 0 0 0 1 1
South East
% of Total .0% .0% .0% 9.1% 9.1%
Count 0 0 0 1 1
South
% of Total .0% .0% .0% 9.1% 9.1%
Count 0 0 0 1 1
Central
% of Total .0% .0% .0% 9.1% 9.1%
Count 0 0 1 0 1
West
% of Total .0% .0% 9.1% .0% 9.1%
Count 0 1 0 0 1
North
% of Total .0% 9.1% .0% .0% 9.1%
Count 1 0 0 0 1
East
% of Total 9.1% .0% .0% .0% 9.1%
Count 0 0 0 1 1
South West
% of Total .0% .0% .0% 9.1% 9.1%
Count 0 0 0 1 1
High Court
% of Total .0% .0% .0% 9.1% 9.1%
Count 0 0 0 1 1
North East
% of Total .0% .0% .0% 9.1% 9.1%
Count 0 1 0 0 1
North West
% of Total .0% 9.1% .0% .0% 9.1%
Count 2 2 1 6 11
Total
% of Total 18.2% 18.2% 9.1% 54.5% 100.0%
97
Regular interface, for the purpose of discussion on disputes and defending the interests of
claimants, between the LACs and the beneficiaries is very important for bridging the gap on
trust deficit and promoting the mandate of legal aid system. Assessments of the regulators
was sought to know about the place of interaction between the LACs and the beneficiaries
of the legal aid services.
As per the data in the table, 54.5% of the respondents were of the considered opinion that
LACs and beneficiaries meet in Courts, may be before or after the scheduled hearing on the
given date. Whereas 18.2% of the respondents felt that LACs interact with the beneficiaries
at Chambers’ of LACs. Again, 18.2% regulators was of the view that office of the DLSA is
the appropriate place for their meetings.
It is also observed during the course of interactions with the beneficiaries and LACs that,
Court premise is the place where most of the LACs interact with the beneficiaries. Further,
it is also noticed that the most of the LACs who are engaged for the legal aid services, are
junior level advocates, having very less exposure and hardly have independent chambers for
practice.
It is observe that most of the LACs are involved in legal aid cases on ad-hoc basis or case
basis, no regular appointment or engagement is made. Therefore, the legal aid cases are the
secondary priority of the LACs. It is also observe that LACs give low priority to legal aid
cases because of low returns. These are the main reasons for the trust deficit over legal aid
services.
As per the data collected from the regulators of legal aid services in each district and Delhi
High Court, it is depicted that 81.8% of the respondents were of the assessment that average
time taken for the interaction/discussion between the LACs and the beneficiaries, is between
01to 03 hours in every case. As per 18.2% respondents, average time taken for discussion or
interaction between the said parties was between 4-6 hours for the every completed case.
Researcher is also of the considered opinion that duration of interaction may also be
dependent upon the nature of disputes involved, availability of infrastructure and willingness
or commitments of the LACs to support the causes of the beneficiaries. Separate and detailed
research may also be conducted to inquire into the specific issue of interaction between these
two stakeholders of the legal aid system.
Table No. 60: Duration (average) of trail of cases involving LACs: Civil Cases
Table No.61: Duration (average) of trail of cases involving LACs: Criminal Cases
Speedy and economical justice is an integral part of Indian Constitution. Time taken is very
important for access to justice. It is also known that justice delayed is justice denied. Keeping
in mind the specific mandate of the Constitution, the question on time taken has been framed
for all the stakeholders to assess the commitment and competency of the LACs.
As per 81.8% respondents, average time taken in case of civil cases is between 01 and 03
months, where as 18.2% regulators felt that average time taken in disposal of a civil case is
between 4 to 6 years. In case of criminal case, average time taken is in tween one year and
three years in the opinion of 90.9% respondents. Whereas 9.1% (01 regulator respondent) felt
that average time taken for the conclusion of criminal case in which the LAC is involved, is
ranging between four years to six years.
It is logically inferred that average time taken in most of the civil case is almost similar.
Nine out of eleven regulators interviewed expressed that average time taken in case of civil
cases is one to three years, whereas ten out eleven observed that average time taken in case
of criminal cases is one to three years.
Nevertheless, in actual practice, LACs largely, want to conclude cases as early as possible to
claim the specified honorarium on disposal of cases. Outcome of a case is also not so relevant
in the payment of honorarium. Protection and promotion of the interests of the beneficiaries
is hardly taken into consideration.
100
Primary data in the table shows that average number of adjournment in civil and criminal
cases. As per 27.3% respondents, no adjournment is taken by the LACs. 63.6% regulators
opinion that more than 6 adjournment on an average in all cases are availed by the LACs.
Where one regulator (9.1%) expressed that adjournment ranging between one and five are
taken by the LACs.
Further, adjournment is also requested whenever any LAC is busy with his private case
or there is some conflict of date and time between legal aid case and private cases. It is
also pertinent to mention that DLSA at District level hardly maintains any records of daily
proceedings or listing of cases and adjournment.
Table No. 63: Difficulties faced by the LACs in interacting with clients
Occupied with
Attitude of
Courts his own practice Nil Others Total
beneficiaries
matters
Count 0 1 0 0 1
New Delhi
% of Total .0% 9.1% .0% .0% 9.1%
101
Count 0 0 1 0 1
South East
% of Total .0% .0% 9.1% .0% 9.1%
Count 0 0 1 0 1
South
% of Total .0% .0% 9.1% .0% 9.1%
Count 0 1 0 0 1
Central
% of Total .0% 9.1% .0% .0% 9.1%
Count 0 0 0 1 1
West
% of Total .0% .0% .0% 9.1% 9.1%
Count 0 1 0 0 1
North
% of Total .0% 9.1% .0% .0% 9.1%
Count 1 0 0 0 1
East
% of Total 9.1% .0% .0% .0% 9.1%
Count 0 1 0 0 1
South West
% of Total .0% 9.1% .0% .0% 9.1%
Count 0 0 1 0 1
High Court
% of Total .0% .0% 9.1% .0% 9.1%
Count 0 0 0 1 1
North East
% of Total .0% .0% .0% 9.1% 9.1%
Count 0 1 0 0 1
North West
% of Total .0% 9.1% .0% .0% 9.1%
Count 1 5 3 2 11
Total
% of Total 9.1% 45.5% 27.3% 18.2% 100.0%
In order to assess the quality of interaction between the LACs and the beneficiaries, from the
regulators, question on difficulties faced by the LACs while dealing with beneficiaries, put to
regulators. 27.9% respondents have said that there was problem in any case. Further 45.5%
of the regulators have blamed the beneficiaries for the problems created for the LACs. It is
very strange to notice that the system, which has been created or existing because of the legal
aid beneficiaries, is blaming the beneficiaries for the problems faced by the LACs.
Whereas one out of eleven regulators have frankly accepted that LACs are preoccupied with,
their private practices hardly have time for the cases under legal aid services. Around 18.2
blames low quality of infrastructure and low honorarium for the difficulties faced by the
LACs.
Table No. 64: Complaints from the judicial officers about the
services of LACs
Count 1 0 1
Central
% of Total 9.1% .0% 9.1%
Count 1 0 1
West
% of Total 9.1% .0% 9.1%
Count 1 0 1
North
% of Total 9.1% .0% 9.1%
Count 1 0 1
East
% of Total 9.1% .0% 9.1%
Count 1 0 1
South West
% of Total 9.1% .0% 9.1%
Count 0 1 1
High Court
% of Total .0% 9.1% 9.1%
Count 0 1 1
North East
% of Total .0% 9.1% 9.1%
Count 1 0 1
North West
% of Total 9.1% .0% 9.1%
Count 7 4 11
Total
% of Total 63.6% 36.4% 100.0%
Grievance resolution is one of the best modes for the improvement in any system of
governance. DSLSA has also introduced a system of filing grievances against the LACs and
regulators for problems faced by the beneficiaries while availing legal aid services. Online
complaint may also be filed against any LAC for lack of commitments and other difficulties
faced by the beneficiaries. Judicial officers dealing with legal aid cases may also file official
complaint against LACs.
63.6% regulators have accepted that they had received complaints from Judicial Officers
against LACs on various grounds. Whereas 36.4% have declined to have received any
complaint against any LAC from any judicial officers in civil and criminal courts. However,
the observation and data collected from judicial officers contradicts such an observation that
no complain had been received from any judicial officers.
It is also important to mention that no specific record for specific LACs or case is maintained.
It is observe that whenever a complaint is received, same is kept in the file of beneficiaries
and no separate records to monitor the conduct of LAC is being maintained by any DLSA.
Table No. 65: Nature of Complaints from judicial officers about the
services of LACs
Not
Late for Not
prepared Seeking many
Courts attending interacting Total
for the adjournments
the courts with clients
arguments
New Count 1 0 0 0 1
Delhi % of Total 14.3% .0% .0% .0% 14.3%
Count 0 0 0 1 1
Central
% of Total .0% .0% .0% 14.3% 14.3%
103
Count 0 1 0 0 1
West
% of Total .0% 14.3% .0% .0% 14.3%
Count 0 1 0 0 1
North
% of Total .0% 14.3% .0% .0% 14.3%
Count 0 0 1 0 1
East
% of Total .0% .0% 14.3% .0% 14.3%
South Count 1 0 0 0 1
West % of Total 14.3% .0% .0% .0% 14.3%
North Count 0 1 0 0 1
West % of Total .0% 14.3% .0% .0% 14.3%
Count 2 3 1 1 7
Total
% of Total 28.6% 42.9% 14.3% 14.3% 100.0%
The regulators have acknowledged that complaints regarding not prepared for arguments
(28.6%), late for appearance in courts on the specified date and time ( 42.9%) , seeking may
adjournment (14.3%) and not interacting with clients (14.3%) have regularly been received
from the Judicial Officers by them.
Nature of complaints such as late for appearance in courts on the specified date and time, not
prepared for arguments and not interacting with clients is a reflection of lack of commitments
of the LACs. These complaints are not confined to one district or one judge in civil or criminal
courts but have affected governance of legal aid services across the State.
Table No. 66: Complaints against the LACs for demanding money
from the beneficiaries
Count 1 0 1
North East
% of Total 9.1% .0% 9.1%
Count 1 0 1
North West
% of Total 9.1% .0% 9.1%
Count 10 1 11
Total
% of Total 90.9% 9.1% 100.0%
It is very important to note that legal aid services are free of cost provided to the beneficiaries.
The Legal Aid Scheme is funded out of public money and regulated by the NALSA and
DSLSA in State of Delhi. LACs are paid honorarium in three stages for dealing with legal
aid cases.
Nevertheless, in actual practice it is different. 90.9% of the regulators have acknowledged
that complaints from the beneficiaries regarding LACs demanding money for defending the
claims of the beneficiaries. Demanding unlawful consideration from the poor beneficiaries
for rendering legal aid services is a crime and contrary to the mandate of the Legal Aid
System in India. One out of eleven respondents have declined to accept the no money was
demanded by the LACs from any beneficiaries.
Contradiction, here more than 90 percent of the regulators have accepted that money had
been demanded….but the current table shows that in 72.7% of the respondents no money
demanded. 27.3% of the respondents have accepted that more than five complaints have been
received against LACs from the beneficiaries.
Table No. 68: Actions Taken by the LSA for demanding money
Regulators of the legal aid services in Districts and Delhi High Court have very limited
powers under the LSA, Regulations and Rules framed for regulating legal aid services in
Delhi. The Regulators can take no disciplinary action, except warning, replacement and
removal of name from the Panel of the LACs, against empaneled LAC.
It is visible from the data that 90.9% of the regulators in case of corruption, ten out of eleven,
have warned the LACs in most of the complaints. Whereas only one out of eleven, 9.1% of
regulators have replaced the LACs. It is also pertinent to note that the Regulators have not
power to remove the name of the LACs without the prior approval from the DSLSA (head
office).
Regulators in serious misconducts such as demanding money from the beneficiaries could
warn or replace & in rare cases remove LACs. This research did not find any single instance
where the DSLAS or DLSA have ever approached the Bar Council of India for suspension or
termination of LACs in case of serious misconducts from the roll of the BCI.
106
Not
Late for
prepared Seeking many
Courts attending Total
for the adjournments
the courts
arguments
Count 1 0 0 1
New Delhi
% of Total 9.1% .0% .0% 9.1%
South Count 1 0 0 1
East % of Total 9.1% .0% .0% 9.1%
Count 1 0 0 1
South
% of Total 9.1% .0% .0% 9.1%
Count 0 1 0 1
Central
% of Total .0% 9.1% .0% 9.1%
Count 1 0 0 1
West
% of Total 9.1% .0% .0% 9.1%
Count 0 1 0 1
North
% of Total .0% 9.1% .0% 9.1%
Count 1 0 0 1
East
% of Total 9.1% .0% .0% 9.1%
South Count 1 0 0 1
West % of Total 9.1% .0% .0% 9.1%
High Count 0 1 0 1
Court % of Total .0% 9.1% .0% 9.1%
North Count 0 0 1 1
East % of Total .0% .0% 9.1% 9.1%
North Count 0 1 0 1
West % of Total .0% 9.1% .0% 9.1%
Count 6 4 1 11
Total
% of Total 54.5% 36.4% 9.1% 100.0%
This table contains data on nature of complaints before the regulators filed by the
beneficiaries against LACs during the course of getting legal aid support. As per the opinion
of the regulators, six out of eleven, 54.4%, that most of the complaints against the LACs are
received on not prepared for the arguments.
107
Further 36.9, four out of eleven regulators, have expressed that majority of complaints are
related to late attending courts proceedings involving legal aid cases. One out of eleven, about
9.1% regulator was of the considered view that LACs sought unnecessary adjournments in
such cases. It is also seen that most of the complaints as observed by the regulators, are
confined to lack of commitments of legal aid services.
Table No 70; it is revealed that around 45.5% of the respondents were not so serious about
taking actions against LACs for not following the mandate of the legal aid services. There
45.5%, 5 out of 11 regulator have not expressed any opinion on action taken against the
LACs. Further 54.5 % respondents did accept of having taken appropriate action of warning
or replacement based on complaints received from the beneficiaries.
Yes
Courts No response Total
Count 1 0 1
New Delhi
% of Total 9.1% .0% 9.1%
Count 0 1 1
South East
% of Total .0% 9.1% 9.1%
Count 0 1 1
South
% of Total .0% 9.1% 9.1%
Count 1 0 1
Central
% of Total 9.1% .0% 9.1%
Count 1 0 1
West
% of Total 9.1% .0% 9.1%
Count 1 0 1
North
% of Total 9.1% .0% 9.1%
Count 1 0 1
East
% of Total 9.1% .0% 9.1%
Count 0 1 1
South West
% of Total .0% 9.1% 9.1%
Count 0 1 1
High Court
% of Total .0% 9.1% 9.1%
Count 0 1 1
North East
% of Total .0% 9.1% 9.1%
Count 1 0 1
North West
% of Total 9.1% .0% 9.1%
Count 6 5 11
Total
% of Total 54.5% 45.5% 100.0%
108
Form the Table No 71 has recorded that nature of action taken against LAC. As recorded by
54.5% respondents that some action have been taken. Around 33.3%, 2 out of 6 respondents,
who took action against the LACs, did issue warnings to LACs. Whereas 4 out of 6, (66.7%),
have replaced the LACs because of grievances of beneficiaries. In most of the cases, warnings
and replacement are two main modes of disciplinary actions against the LACs.
An empaneled LAC may resign or discontinue from the services of LSA any time. Such LAC
will not be accountable for premature withdrawal before the completion of the stipulated
tenure of engagement. It is also seen that such premature withdrawal adversely affects the
continuity of litigation process as well as claims/rights of the beneficiaries.
Further, the primary data contains in the table shows the commitments of the regulators in
case of premature withdrawal of names or resignation from the services of legal aid system
by the LACs. About 54.5% of the respondents were reluctant to express any opinion. It seems
that the majority of the regulators are no so keen to protect the interests of beneficiaries in
such a contingency or they were not well prepared to meet such contingencies of withdrawal
or premature resignation by the LACs and its implication on the interests of the beneficiaries.
Table No. 72: Actions taken by the LSA in case of an LAC leaves/reigns voluntarily
before the completion of tenure
New Count 0 0 0 0 1 1
Delhi % of Total .0% .0% .0% .0% 9.1% 9.1%
South Count 1 0 0 0 0 1
East % of Total 9.1% .0% .0% .0% .0% 9.1%
109
Count 1 0 0 0 0 1
South
% of Total 9.1% .0% .0% .0% .0% 9.1%
Count 1 0 0 0 0 1
Central
% of Total 9.1% .0% .0% .0% .0% 9.1%
Count 0 0 0 1 0 1
West
% of Total .0% .0% .0% 9.1% .0% 9.1%
Count 0 1 0 0 0 1
North
% of Total .0% 9.1% .0% .0% .0% 9.1%
Count 0 0 1 0 0 1
East
% of Total .0% .0% 9.1% .0% .0% 9.1%
South Count 1 0 0 0 0 1
West % of Total 9.1% .0% .0% .0% .0% 9.1%
High Count 1 0 0 0 0 1
Court % of Total 9.1% .0% .0% .0% .0% 9.1%
North Count 1 0 0 0 0 1
East % of Total 9.1% .0% .0% .0% .0% 9.1%
North Count 0 1 0 0 0 1
West % of Total .0% 9.1% .0% .0% .0% 9.1%
Count 6 2 1 1 1 11
Total
% of Total 54.5% 18.2% 9.1% 9.1% 9.1% 100.0%
About 18.2% of the regulators do transfer such cases to other LACs in the specific panel.
Three regulators have expressed three different views such as counselling of LAC, withdrawal
of files and replacement by another LAC to meet such instances. This research have not
collected any data as to how many LACs had resigned or withdrawn during the said period of
two years. There is a scope of further research as to enquire into the withdrawal or premature
resignation of the LACs and effectiveness of the alternative arrangements and impact of such
arrangements on the interests of the beneficiaries.
Table No. 73: Actions Taken in case LAC fails to live up to the
expectation of beneficiaries
No Case Counselling
Courts Total
Comments withdrawal of LAC
New Count 0 0 1 1
Delhi % of Total .0% .0% 9.1% 9.1%
South Count 1 0 0 1
East % of Total 9.1% .0% .0% 9.1%
Count 1 0 0 1
South
% of Total 9.1% .0% .0% 9.1%
Count 1 0 0 1
Central
% of Total 9.1% .0% .0% 9.1%
Count 1 0 0 1
West
% of Total 9.1% .0% .0% 9.1%
110
Count 0 1 0 1
North
% of Total .0% 9.1% .0% 9.1%
Count 1 0 0 1
East
% of Total 9.1% .0% .0% 9.1%
South Count 1 0 0 1
West % of Total 9.1% .0% .0% 9.1%
High Count 1 0 0 1
Court % of Total 9.1% .0% .0% 9.1%
North Count 1 0 0 1
East % of Total 9.1% .0% .0% 9.1%
North Count 0 1 0 1
West % of Total .0% 9.1% .0% 9.1%
Count 8 2 1 11
Total
% of Total 72.7% 18.2% 9.1% 100.0%
This specific question was framed to investigate into the monitoring capability of the
regulatory system. It is also pertinent that a regulator may initiate action based on a complaint
from a beneficiary and judicial officer. In order to ensure effective control mechanism over
the LACs, a pro-active regulatory system is a prerequisite for the promotion of the legal aid
system.
When the said question on action taken by the regulators in case of failure of LACs because
of conducts or otherwise, to live up to the expectation of the beneficiaries was addressed
to the regulators, the response was amazing. Around 72.7%, 8 out of 11 regulators did not
express any opinion on the action taken by them in such situation. It seems that around 3/4th
of the regulators were reluctant to explain or probably unprepared to expect such a situation
in the operations of the legal aid services.
Pending case is withdrawn from the LACs as per the statements of 18.2% respondents.
Nevertheless, these 18.2% were also not prepared to explain the design or framework such
a scheme to monitor over the activities of the LACs. In case of failure of the LACs, about
9.1%, one out of 11 respondents did conduct counselling for such LACs.
Table No. 74: Mechanism provided to monitor the conducts of the LACs
Feedbacks
are sought Meeting with
No
Courts from LAC judiciary and Total
mechanism
about the beneficiaries
status
New Count 0 0 1 1
Delhi % of Total .0% .0% 9.1% 9.1%
South Count 1 0 0 1
East % of Total 9.1% .0% .0% 9.1%
Count 1 0 0 1
South
% of Total 9.1% .0% .0% 9.1%
Count 0 0 1 1
Central
% of Total .0% .0% 9.1% 9.1%
111
Count 0 0 1 1
West
% of Total .0% .0% 9.1% 9.1%
Count 0 1 0 1
North
% of Total .0% 9.1% .0% 9.1%
Count 0 0 1 1
East
% of Total .0% .0% 9.1% 9.1%
South Count 0 0 1 1
West % of Total .0% .0% 9.1% 9.1%
High Count 1 0 0 1
Court % of Total 9.1% .0% .0% 9.1%
North Count 0 0 1 1
East % of Total .0% .0% 9.1% 9.1%
North Count 0 1 0 1
West % of Total .0% 9.1% .0% 9.1%
Count 3 2 6 11
Total
% of Total 27.3% 18.2% 54.5% 100.0%
There is no dearth of resources and legal protection for legal aid services. LACs as per the
LSA and Regulations are engaged by DLSAs. It is important to mention that the LACs
after empanelment are placed under the authority of Regulator (Member Secretary) for
providing quality legal aid services and control over the conducts of LACs. However, in real
practice such controlling mechanism is grappling to seek accountability of LACs in case of
misconducts.
This specific question reflects upon the tools or techniques adopted by the regulators to
ensure the accountability of the LACs for the quality legal aid services. Around 54.5 percent,
6 out of 11 respondents have acknowledged that they do not have any specific mechanism
in place to monitor the commitment and competency of LACs. It is logically inferred that
more than fifty percent of the regulators do not use any method to regulate commitments and
competency of LACs.
About 27.3% revealed that the feedbacks from the LACs are regularly recorded and bases
on these observations appropriate actions are taken. Despite several requests to disclose such
data on feedback from the LACs, no such records at the time of collection of primary data
from the regulators, was made available.
About 18.2%, two out of eleven, respondents were of the views that they hold regular meeting
with the judicial officers and beneficiaries for monitoring the assignments of the LACs. This
table depicts the state affairs of legal aid services controlling mechanism of the LACs for
promoting quality legal aid services in Delhi.
Table No. 75: Implementation of Feedbacks from beneficiaries to evaluate the services
of the LACs
Count 0 1 1
South
% of Total .0% 9.1% 9.1%
Count 1 0 1
Central
% of Total 9.1% .0% 9.1%
Count 0 1 1
West
% of Total .0% 9.1% 9.1%
Count 1 0 1
North
% of Total 9.1% .0% 9.1%
Count 0 1 1
East
% of Total .0% 9.1% 9.1%
Count 0 1 1
South West
% of Total .0% 9.1% 9.1%
Count 0 1 1
High Court
% of Total .0% 9.1% 9.1%
Count 0 1 1
North East
% of Total .0% 9.1% 9.1%
Count 1 0 1
North West
% of Total 9.1% .0% 9.1%
Count 3 8 11
Total
% of Total 27.3% 72.7% 100.0%
It is well-known fact that a consumer would be in a better position to evaluate the quality of
some commodity. Similarly, a beneficiary of legal aid services, probably in a better positon
to assess the quality of commitments and competency of the LACs. It is universally proven
fact that feed backs from the beneficiaries of legal aid services is an effective tool to enhance
the quality of service of LACs. Feedback system for legal aid services has been introduced
and is being effectively implemented by many nations such as Austria, Canada, the UK and
other nations for the promotion of quality of legal aid services.
About 27.3% revealed that the feedbacks from the beneficiaries are regularly recorded and
bases on these observations appropriate actions are taken. Despite several requests to disclose
such data on feedback from the beneficiaries, no such records at the time of collection of
primary data from the regulators, was made available.
It is shocking to observe from the data that about 72.7%, 8 out of 11 regulators, almost 3/4th,
were not aware of such type of practice for enhancing the quality of legal services. These
respondents have not practiced any element of feedback system from the beneficiaries in
their respective jurisdictions.
No second time
Removal Others Total
Courts empanelment
New Count 1 0 0 1
Delhi % of Total 9.1% .0% .0% 9.1%
South Count 1 0 0 1
East % of Total 9.1% .0% .0% 9.1%
113
Count 1 0 0 1
South
% of Total 9.1% .0% .0% 9.1%
Count 0 0 1 1
Central
% of Total .0% .0% 9.1% 9.1%
Count 0 0 1 1
West
% of Total .0% .0% 9.1% 9.1%
Count 0 1 0 1
North
% of Total .0% 9.1% .0% 9.1%
Count 0 0 1 1
East
% of Total .0% .0% 9.1% 9.1%
South Count 0 1 0 1
West % of Total .0% 9.1% .0% 9.1%
High Count 1 0 0 1
Court % of Total 9.1% .0% .0% 9.1%
North Count 0 1 0 1
East % of Total .0% 9.1% .0% 9.1%
North Count 0 1 0 1
West % of Total .0% 9.1% .0% 9.1%
Count 4 4 3 11
Total
% of Total 36.4% 36.4% 27.3% 100.0%
Renowned Jurist John Austin said that people would not follow law unless there is some
sanction behind that law. Same theory is applicable to the conducts of the LACs for
the promotion of legal aid services. In order to make the LACs accountable for lack of
commitments and lack of competency, some sound controlling mechanism is a condition
precedent for quality legal aid services.
As per 36.4% respondents, name of a LAC is removed for fixing responsibility of some
serious irregularities. Again, 36.4% regulators have opined that no second term is given to
someone who was involved in serious misconducts. This research did not inquire into such
prevailing practice, whether such system is documented or not and how far such practices
are followed in practice.
Another 27.3% of the respondents were of the feeling that warning and replacement are the
tools of convincing the LACs to perform better. A separate research may also be carried out
to investigate into the impact of these tools on the performances of LACs and quality of legal
aid services.
Table No. 77: Maintenance of records for the grievances against the LACs
Not possible to
Courts Yes No Total
maintain
Count 1 0 0 1
New Delhi
% of Total 9.1% .0% .0% 9.1%
Count 0 1 0 1
South East
% of Total .0% 9.1% .0% 9.1%
Count 0 1 0 1
South
% of Total .0% 9.1% .0% 9.1%
114
Count 0 1 0 1
Central
% of Total .0% 9.1% .0% 9.1%
Count 0 0 1 1
West
% of Total .0% .0% 9.1% 9.1%
Count 1 0 0 1
North
% of Total 9.1% .0% .0% 9.1%
Count 0 0 1 1
East
% of Total .0% .0% 9.1% 9.1%
Count 1 0 0 1
South West
% of Total 9.1% .0% .0% 9.1%
Count 0 0 1 1
High Court
% of Total .0% .0% 9.1% 9.1%
Count 1 0 0 1
North East
% of Total 9.1% .0% .0% 9.1%
Count 1 0 0 1
North West
% of Total 9.1% .0% .0% 9.1%
Count 5 3 3 11
Total
% of Total 45.5% 27.3% 27.3% 100.0%
In order to inquire into the effectiveness of the grievances handling system of legal aid
services, this specific question has been formulated. About 45.5 % of the regulators have
accepted that proper record on grievances/complaints have been maintained by the designated
offices of DLSA.
In actually practice, where the researcher has scrutinized the records on complaints filed
by the beneficiaries, complaints were confined to the relevant files of the complaints. No
separate records on complaints filed was maintained. It was very difficult for anyone to find
out as to whether an LAC had committed any misconducts or some complaints had been filed
against him/her in the past.
Further, 27.3% respondents have sincerely and honestly acknowledged that no specific
records or files on grievances or complaints filed by judicial officers and the beneficiaries,
was maintained. Another 27.3% regulators felt that maintenance of such files/records on
complaints, because of large number of complaints, is not possible. During the course
of discussion with these regulators, it was also revealed that due to paucity of resources
and infrastructure, it is almost impossible to maintain a separate record for complaints or
grievances and monitor those grievances.
Table No. 78: Taking into account complaints against the LACs for the subsequent
empanelment
Count 1 0 1
Central
% of Total 9.1% .0% 9.1%
Count 0 1 1
West
% of Total .0% 9.1% 9.1%
Count 1 0 1
North
% of Total 9.1% .0% 9.1%
Count 0 1 1
East
% of Total .0% 9.1% 9.1%
Count 1 0 1
South West
% of Total 9.1% .0% 9.1%
Count 1 0 1
High Court
% of Total 9.1% .0% 9.1%
Count 0 1 1
North East
% of Total .0% 9.1% 9.1%
Count 1 0 1
North West
% of Total 9.1% .0% 9.1%
Count 8 3 11
Total
% of Total 72.7% 27.3% 100.0%
As per the data in Table No 77 shows that in more than 54.5 % respondents no records was
maintained or maintenance of such records was not possible. It was also revealed that no
systematic records/files was, maintained by 45.5% of the regulators.
However, the current table reveals that 72.7% of the regulators take into account the
complaints or grievances of the beneficiaries for the subsequent empanelment of LACs. It
is very easy for a prudent and reasonable person to draw any judicious conclusion based on
table No 77 and Table No 78. Without any systemic records being maintained by more than
3/4th of the respondents, it is not possible for any person to rely on such record, which is not
in existence or very poorly maintained, decide the empanelment of some LACs. It is seen
that there is an unpredictability in the statements of the regulators to reveal facts related to
the operations of the DLSA.
Further, 27.3% of the respondents have honestly accepted that no complaints or grievances
are taken into consideration for subsequent empanelment of LACs. Therefore the existing
system of empanelment of the LACs neither punishes the non-performers LACs nor reward
the performers LACs for the promotion of legal aid services.
Table No. 79: Rating of the services of the LACs: Quality of Arguments
Count 0 1 0 1
West
% of Total .0% 9.1% .0% 9.1%
Count 0 1 0 1
North
% of Total .0% 9.1% .0% 9.1%
Count 0 1 0 1
East
% of Total .0% 9.1% .0% 9.1%
Count 0 1 0 1
South West
% of Total .0% 9.1% .0% 9.1%
Count 1 0 0 1
High Court
% of Total 9.1% .0% .0% 9.1%
Count 0 0 1 1
North East
% of Total .0% .0% 9.1% 9.1%
Count 0 1 0 1
North West
% of Total .0% 9.1% .0% 9.1%
Count 3 5 3 11
Total
% of Total 27.3% 45.5% 27.3% 100.0%
Professional competency is one of the main essential components for the quality services in
any profession. It is well-established fact that LACs are the main stakeholders, the pilots,
of the legal aid services. The system of legal aid services cannot flourish or fly without the
competent and committed LACs. If an LAC is not well versed with the law and practice in
the relevant subject matters, then the whole system of legal aid is bound to fail.
Therefore, to gauge the competency of LACs on some relevant parameters such as quality
of arguments, presentation/articulation, and drafting skills, for enhancement of legal aid
services, have selected. Professional competency LACs on these parameters are assessed
based on valuable inputs from the beneficiaries, regulators and judicial officers, having very
exposer of legal aid cases.
The above-mentioned primary data on the rating of the quality of arguments of the LACs by
the regulators shows that 27.3% of the regulators are of the views that LACs are very good at
arguments. Whereas 45.5% of the respondents have felt that, the quality of arguments is of
good category. 27.3% regulators observed that LACs are average in the quality of arguments.
Largely it is observed that no LAC in case of quality of argument is below average.
Table No. 80: Rating of the services of the LACs: Quality of Presentation
Count 0 1 1
Central
% of Total .0% 9.1% 9.1%
Count 1 0 1
West
% of Total 9.1% .0% 9.1%
Count 1 0 1
North
% of Total 9.1% .0% 9.1%
Count 1 0 1
East
% of Total 9.1% .0% 9.1%
Count 0 1 1
South West
% of Total .0% 9.1% 9.1%
Count 1 0 1
High Court
% of Total 9.1% .0% 9.1%
Count 0 1 1
North East
% of Total .0% 9.1% 9.1%
Count 1 0 1
North West
% of Total 9.1% .0% 9.1%
Count 8 3 11
Total
% of Total 72.7% 27.3% 100.0%
As per the assessment of 72.7% regulators, in seven districts and Delhi High Court, LACs
are good at presentation skills. Further 27.3% of the respondents have revealed that LACs are
fair at the presentation skills. Respondents in South West, North East and Central districts are
of the opinion that LACs are fairly at average in case of presentation skills.
It is also noticed from the data that no LAC is consider as very good and very bad or poor in
case of quality of presentation. Final analysis on the competency of LACs would be complete
after taking into accounts the assessment of other stakeholders such as the beneficiaries,
judicial officers and regulators.
Table No. 81: Rating of the services of the LACs: Quality of Drafting Skills
Count 1 0 1
East
% of Total 9.1% .0% 9.1%
Count 0 1 1
South West
% of Total .0% 9.1% 9.1%
Count 1 0 1
High Court
% of Total 9.1% .0% 9.1%
Count 0 1 1
North East
% of Total .0% 9.1% 9.1%
Count 0 1 1
North West
% of Total .0% 9.1% 9.1%
Count 6 5 11
Total
% of Total 54.5% 45.5% 100.0%
Primary data in the said table contains responses from the regulators on evaluation of the
drafting skills of LACs. Six out of eleven districts regulators felt that drafting skills of the
LACs are of good quality. Regulators from New Delhi, South, West, East, Delhi High Court,
and South East have assessed the drafting skills of the LACs above average (good), whereas
in other districts including North West, North East, Central, North East and South West have
graded them as average in drafting skills.
About 54.5% of the total respondents are of the considered opinion that LACs are good at
drafting skills. Further 45.5% of the regulators are just satisfied from the drafting skills of the
LACs in their respective universe.
Table No.83: Rating of the services of the LACs: Degree of Satisfaction (overall)
Count 0 1 1
North West
% of Total .0% 9.1% 9.1%
Count 5 6 11
Total
% of Total 45.5% 54.5% 100.0%
The abovementioned table is a reflection of the overall evaluation of all competency skills
of of the LACs. This table shows that 54.5 % regulators feel that overall competency skills
in case of arguments, presentation and drafting skills are just average. Further 45.5% of the
regulators of the legal aid services consider that overall competency skills of the LACs is of
good quality and they are good at handling litigation involving legal aid cases, effectively.
Earlier tables on the issues competency skills, especially in presentation skill, have rated
them very high, which is contrast to the current table of data. Therefore, it is observe that
the professional competency of LACs is hovering between good and fair levels. As the
assessment by 54.5% respondents depicts that professional competency because of these
specified parameters, is just average.
Table No. 84: Creation of a full time empanelment for the LACs
The existing system of legal aid services engages LACs on ad-hoc basis. LACs are empaneled
for a specific period and are paid specified honorarium for civil and criminal cases on stages
basis. LACs are not full time employees of the Legal Aid System.
The specific question on creation of a full time employment for ensuring better accountability
and full time commitment from the LACs, to seek their opinions, was posed to the regulators.
All the respondents were explained about the proposed model of empanelment of LACs.
45.5% of the regulators strongly consider that by creation of a permanent scheme of
employment, where LACs can be engaged on full time basis and tenure basis, will certainly
improve upon the quality of legal aid services. Further 54.5% of the total regulators are of the
considered opinion that creation of a permanent employment rather than ad-hoc engagement
of LACs will create an ambience of quality and commitments in the LACs and restore the
trust of the beneficiaries over legal aid services.
It is amazingly to note that all the regulators, 100% of the regulators have recommended the
creation of such a scheme for the empanelment of LACs on full time and regular employment
for the promotion of legal aid services across the nation.
Chapter VII
Feedbacks from the judicial officers at Districts Courts &
Judges at Delhi High Court
This empirical research for the purpose of evaluation of the competency and commitments of
the legal aid cancels for legal aid services in civil and criminal matters in 11 Districts Courts
and Delhi High Court, collected primary data through personally administered questionnaires
by the researcher. In order to provide accurate, presentative and authentic data, lists of the
judicial officers in civil and criminal matters, having a good experience of dealing with 50
or more cases in legal aid service, from the office of the District Legal services Authorities
and Front offices in 11 Districts , were collected. List of Judicial officers with photographs,
designation and jurisdiction, form the web site of the Districts Courts was also down loaded
for the collection of primary data.
In order to provide a true representation of all the judicial officers in their respective civil and
criminal jurisdictions, a sample size of 08 Judicial officers dealing with civil cases and 08 Judicial
officers dealing with criminal cases, involving legal aid counsels, in each district, has been fixed.
Before finalisation of the sample size in each district, lists of judicial officers in 11 Districts were
also taken into consideration for the determination of the sample size for the research.
Metropolitan Magistrates, Chief Metropolitan Magistrates, Additional session judges,
Judges heading special criminal courts such as NDPS, SC/ST, Sexual offences etc, for the
collection of data in criminal cases involving legal aid counsels, were personally contacted
and interviewed as per the availability of the Judicial officers.
This research has also collected primary data from 56 Senior Judicial officers in Session
Courts and other special courts dealing with serious crimes. The basic objective of such
exercise to ascertain the opinions of the senior judicial officers on involvement of the LACs
and Amicus curiae in serious offences such as murder, rape, narcotics, grievous hurt, culpable
homicide not amounting to murder.
Civil Judge Junior divisions, & senior division and other District Civil Judges dealing with
civil litigation involving legal aid counsels, in each district were also interviewed based on
the questionnaires.
Most of the judicial officers in civil and criminal courts were very informal and supportive.
During the course of interaction with the judicial officers, it is revealed that the most of them
were not satisfied with the quality of commitment and quality of services of LACs, but they
were reluctant to file any formal complaint to the respective DLSA offices in 11 Districts.
Barring a few judicial officers, most of the judicial officers were very cooperative and
supportive for endeavours of conducting this empirical research. This research work of
collection of primary data would not have been possible without the support of District and
Session Judges of Dwarka, Rohini, Saket, Karkardooma, Tis Hazari, and New Delhi Courts.
Proposed Actual
Sl No Category of Respondents
Respondents Respondents
LACs (Each District Court and
1. 16 ´ 12 = 192 173
Delhi High Court)
Civil Courts 8
Criminal Courts 8
122
Before conducting empirical research, a pilot study to understand the operations of the
legal aid services in Delhi was carried out. Details about the judicial officer dealing with
majority of cases involving the LACs, was collected from the office of DLSA and websites
of the districts courts. Researcher is of the firm opinion that a judicial officer, who have rich
experience in dealing with legal aid cases, would be in a better positon to provide more
accurate and authentic feedbacks about the quality and commitments of the LACs.
It is evident from the above-mentioned tables displaying the primary data on exposer of
the 173 judicial officers in civil and criminal courts to litigation involving the LACs. These
respondents were also requested to specify their experiences of judicial officers dealt with
LACs in the current posting as well as complete service tenure as a judicial officers.
These Bar Charts have been prepared solely based on the responses from the respondents as
judicial officers. Therefore, one judicial officer in current posting as a civil judge have also
included his experience of legal aid cases as a Magistrate in his previous postings. Similarly,
a judicial officer in current postings a magistrate have also included his experience of dealing
with the LACs as civil judge.
Tables on civil cases and criminal cases involving the LACs dominated by the violate bars,
where majority of the respondents judicial officers had a rich experience of more than 50
cases involving LACs in the current as well as the past postings. Blue bars, which is the
second largest group of the respondents’ judicial officers in civil courts and criminal courts,
are representing low experience of ten cases. These two tables reflects upon the exposer of
the judicial officer who were interviewed for the purpose of evaluation of the competency
and commitments of the LACs in Delhi city.
Average time taken in civil cases and Criminal cases involving LACs
124
As per the observation of the judicial officers, having rich experience dealing with civil and
criminal cases involving the LACs, that the average time taken in civil as well as criminal is
almost same. Majority of the judicial officers was of the conserved opinion that the average
time taken by a case involving LAC is ranging between one to two years.
The charts are not a reflection of speedy access to justice provided by the LACs and Legal aid
System in Delhi. It is seen that most of the LACs are not interested to prolong cases covered
under the DLSA, because of the fact that they want early payment of the fixed honorarium
from the legal aid services authorities. Fixed honorarium for different free legal aid services
is paid in three stages.
Most of the LACs are interested to conclude the cases as early as possible to claim the specified
amount of payment from the DLSA. Researcher while interacting with the judicial officers
and the LACs concludes that prolonging the duration of the cases is not going to reward them
any additional remuneration or incentives from the DLSA or any other authorities created
under the LSA 1987.
It is also due to the fact that outcome is not so relevant to the payment of honorarium to the
LACs. Further, there is also no existing mechanism to monitor the outcome and time taken by
the LACs and protection of the interests of the beneficiaries of the legal aid services.
Table No.86: Warning to the LACs by Judicial officers (without filing any complaints
before the Districts Legal Services Authority) [INFORMAL]
Count 6 8 1 15
North East
% of Total 3.5% 4.6% .6% 8.7%
Count 5 9 2 16
North West
% of Total 2.9% 5.2% 1.2% 9.2%
Count 84 72 17 173
Total
% of Total 48.6% 41.6% 9.8% 100.0%
Table No. 87: Complaints made during trial against the LACs by judicial officers to
the districts legal services authority [FORMAL]
Count 4 7 2 13
New Delhi
% of Total 2.3% 4.0% 1.2% 7.5%
Count 4 9 1 14
South East
% of Total 2.3% 5.2% .6% 8.1%
Count 7 6 3 16
South
% of Total 4.0% 3.5% 1.7% 9.2%
Count 5 7 5 17
Central
% of Total 2.9% 4.0% 2.9% 9.8%
Count 7 9 1 17
West
% of Total 4.0% 5.2% .6% 9.8%
Count 4 9 4 17
North
% of Total 2.3% 5.2% 2.3% 9.8%
Count 3 7 2 12
Shahadra
% of Total 1.7% 4.0% 1.2% 6.9%
Count 2 11 2 15
East
% of Total 1.2% 6.4% 1.2% 8.7%
Count 2 12 1 15
South West
% of Total 1.2% 6.9% .6% 8.7%
Count 2 4 0 6
High Court
% of Total 1.2% 2.3% .0% 3.5%
Count 0 14 1 15
North East
% of Total .0% 8.1% .6% 8.7%
Count 3 10 3 16
North West
% of Total 1.7% 5.8% 1.7% 9.2%
No statutory instruments concerning with the legal aid services has empowered judicial
officers to take a formal action against the LACs. A judicial officer in case of lack of
commitments and lack of competency may prefer a complaint or communicate it to the
Regulator of the DLSA for further disciplinary action.
127
From the table it is seen that 43 out 173, which is 24.9% of the respondents judicial officers
have lodged formal complaints for lack of sincerity on the part of the LACs to the Regulator
of the DLSA in respective districts. Otherwise, majority of the respondents, which is 60.7%
of the total respondents, have not filed any formal complaints against any LAC. Further,
another good 14.5% of the judicial officers were reluctant to reveal anything on the issue of
formal complaints.
Bar chart showing green colour and representing ‘NO Category’ is dominating the primary
data in all districts except South Districts, where Yes Category has outnumbered the No
Category, including the Delhi High Court. There is a wide gap between ‘No’ and ‘Yes’
Categories of responses from the respondents for filing formal complaints
During the course of interaction with the respondents, it is disclosed that the most of the
judicial officers, especially in case of criminal courts, are very busy with the pendency of
cases and long daily cause list of cases, and get no time to file any formal complaints.
Further, it is also observed that some of the judicial officers in case of non-appearance of the
LACs, whereby jeopardizing the interests of the beneficiaries, usually telephonically contact
the Regulators of the DLSA in respective districts for taking curative actions. Mostly judicial
officers are not in a favour of filing any complaint against the services of the LACs, but they do
it, to protect the interests of the beneficiaries, only in exceptional circumstances.
Count 0 4 0 3 0 7
South
% of Total .0% 9.3% .0% 7.0% .0% 16.3%
Count 0 2 0 3 0 5
Central
% of Total .0% 4.7% .0% 7.0% .0% 11.6%
Count 1 4 0 0 2 7
West
% of Total 2.3% 9.3% .0% .0% 4.7% 16.3%
Count 0 3 0 0 1 4
North
% of Total .0% 7.0% .0% .0% 2.3% 9.3%
Count 1 2 0 0 0 3
Shahadra
% of Total 2.3% 4.7% .0% .0% .0% 7.0%
Count 0 0 0 0 2 2
East
% of Total .0% .0% .0% .0% 4.7% 4.7%
South Count 0 2 0 0 0 2
West % of Total .0% 4.7% .0% .0% .0% 4.7%
High Count 0 2 0 0 0 2
Court % of Total .0% 4.7% .0% .0% .0% 4.7%
North Count 0 0 0 0 3 3
West % of Total .0% .0% .0% .0% 7.0% 7.0%
Count 3 23 2 6 9 43
Total
% of Total 7.0% 53.5% 4.7% 14.0% 20.9% 100.0%
The above table and bar chart have examined the nature of formal complaint against the
lack of commitments of the LACs filed by the judicial officers. The bar char and table have
scrutinized the responses of 43 judicial officer, where formal complaints had been filed, for
analyzing the nature of complaints.
About 23 out of 43, which contributes to 53.5% of the total responses, felt that the LACs are
not available for arguments on the specified dates and time. Therefore, written complaints
129
were filed to draw the attention of the Regulator of the DLSA. Further, 9 out of 43 (20.9%)
for demanding money from the beneficiaries, 14% (6 out of 43) for deputing juniors, 7%
for not raising good arguments, and 4.7% seeking unnecessary adjournments, respondents
were compelled to file formal letter to the monitoring authority in the DLSA in the respective
districts.
Bar Chart shows that green colour indicating the non-availability of the LACs in 09 out
of 11 districts including the high court for defending the interests of the beneficiaries of
the legal aid services. The golden colour representing complaints in 05 out 11 districts for
money demanded by the LACs from the beneficiaries is the second leading items in the list
of complaint filed. Complaints regarding deputing juniors and not raising quality arguments
in some 05 districts are also figuring in the bar chart. Bar chart and table data is portraying a
picture of lack of commitments of the LACs for providing legal aid services.
Count 4 4 5 13
New Delhi
% of Total 2.3% 2.3% 2.9% 7.5%
Count 7 6 1 14
South East
% of Total 4.0% 3.5% .6% 8.1%
Count 4 9 3 16
South
% of Total 2.3% 5.2% 1.7% 9.2%
Count 6 8 3 17
Central
% of Total 3.5% 4.6% 1.7% 9.8%
Count 11 5 1 17
West
% of Total 6.4% 2.9% .6% 9.8%
Count 10 4 3 17
North
% of Total 5.8% 2.3% 1.7% 9.8%
Count 5 6 1 12
Shahadra
% of Total 2.9% 3.5% .6% 6.9%
Count 7 4 4 15
East
% of Total 4.0% 2.3% 2.3% 8.7%
Count 5 8 2 15
South West
% of Total 2.9% 4.6% 1.2% 8.7%
Count 5 1 0 6
High Court
% of Total 2.9% .6% .0% 3.5%
Count 6 7 2 15
North East
% of Total 3.5% 4.0% 1.2% 8.7%
Count 9 4 3 16
North West
% of Total 5.2% 2.3% 1.7% 9.2%
Count 79 66 28 173
Total
% of Total 45.7% 38.2% 16.2% 100.0%
130
Table No. 90: Nature of Complaints (informal and formal) by the beneficiaries to
Judicial officers
No For
For Not Not Deputing
time to demanding
Raising available juniors Other
Courts interact money for Total
Good for or other reasons
with the legal
Arguments arguments person
clients services
Count 0 1 1 1 1 0 4
New Delhi
% of Total .0% 1.3% 1.3% 1.3% 1.3% .0% 5.1%
Count 0 3 1 1 2 0 7
South East
% of Total .0% 3.8% 1.3% 1.3% 2.5% .0% 8.9%
Count 0 1 2 1 0 0 4
South
% of Total .0% 1.3% 2.5% 1.3% .0% .0% 5.1%
Count 0 0 0 4 2 0 6
Central
% of Total .0% .0% .0% 5.1% 2.5% .0% 7.6%
Count 0 7 1 1 2 0 11
West
% of Total .0% 8.9% 1.3% 1.3% 2.5% .0% 13.9%
Count 0 2 1 2 5 0 10
North
% of Total .0% 2.5% 1.3% 2.5% 6.3% .0% 12.7%
Count 0 2 0 0 3 0 5
Shahadra
% of Total .0% 2.5% .0% .0% 3.8% .0% 6.3%
Count 1 2 0 3 1 0 7
East
% of Total 1.3% 2.5% .0% 3.8% 1.3% .0% 8.9%
Count 0 1 0 0 4 0 5
South West
% of Total .0% 1.3% .0% .0% 5.1% .0% 6.3%
Count 0 2 0 0 3 0 5
High Court
% of Total .0% 2.5% .0% .0% 3.8% .0% 6.3%
Count 0 4 0 1 1 0 6
North East
% of Total .0% 5.1% .0% 1.3% 1.3% .0% 7.6%
Count 2 2 0 1 1 3 9
North West
% of Total 2.5% 2.5% .0% 1.3% 1.3% 3.8% 11.4%
Count 3 27 6 15 25 3 79
Total
% of Total 3.8% 34.2% 7.6% 19.0% 31.6% 3.8% 100.0%
132
The above mentioned bar chart shows that the response category of ‘not available for
arguments’ is visible in all districts, except Central District, including high court. No time
to interact with the beneficiaries is seen to have affected 09 out of 11 districts and Delhi
High courts in Delhi. It is also amazing to see that money have been demanded from the
the beneficiaries in 11 out 12 courts in Delhi, which is a serious concerned for all of the
stakeholders of legal aid services. Based on the relevant table and bars on complaints and
nature of grievances of the beneficiaries, it is logically acknowledged that the trust of the
beneficiaries over the services LACs have negatively been affected.
It is inferred form the above-mentioned Table No 89 and Table No 90 that 79 out of 173
accepted to have received some complaints from the beneficiaries on various issues concerning
the LACs. However, it is also pertinent to note that 43 out 173 judicial officers sent formal
complaints against the LACs for lack of sincerely in dealing with cases involved legal aid
services, to the DLSA. Further research may be conducted to explore the issue of reluctance
of the judicial officers to seek accountability of the LACs for the non-performances.
Table No. 91: Nature of actions taken against the LACs by the Judicial Officers
Request for
Reported
Courts Warning replacement Nil Others Total
to the LSA
of the LAC
Count 4 0 0 0 0 4
New Delhi
% of Total 5.1% .0% .0% .0% .0% 5.1%
Count 0 5 1 1 0 7
South East
% of Total .0% 6.3% 1.3% 1.3% .0% 8.9%
Count 0 4 0 0 0 4
South
% of Total .0% 5.1% .0% .0% .0% 5.1%
Count 1 5 0 0 0 6
Central
% of Total 1.3% 6.3% .0% .0% .0% 7.6%
Count 2 8 0 1 0 11
West
% of Total 2.5% 10.1% .0% 1.3% .0% 13.9%
Count 0 7 1 2 0 10
North
% of Total .0% 8.9% 1.3% 2.5% .0% 12.7%
Count 1 3 1 0 0 5
Shahadra
% of Total 1.3% 3.8% 1.3% .0% .0% 6.3%
Count 1 2 1 0 3 7
East
% of Total 1.3% 2.5% 1.3% .0% 3.8% 8.9%
Count 0 5 0 0 0 5
South West
% of Total .0% 6.3% .0% .0% .0% 6.3%
Count 1 4 0 0 0 5
High Court
% of Total 1.3% 5.1% .0% .0% .0% 6.3%
Count 1 2 3 0 0 6
North East
% of Total 1.3% 2.5% 3.8% .0% .0% 7.6%
Count 1 1 7 0 0 9
North West
% of Total 1.3% 1.3% 8.9% .0% .0% 11.4%
Count 12 46 14 4 3 79
Total
% of Total 15.2% 58.2% 17.7% 5.1% 3.8% 100.0%
133
The Table and chart displays the responses of the judicial officers on action taken by them
because of formal and informal complaints filed by the beneficiaries. 58.2% of the judicial
officers issued warnings only to the LACs for the failure or the non-performance or absence
from the courts on the specified date of listing before the courts. 11 out of 12 green colour
bars, indicating warning issued by the judicial officers, are prominent in the bar chat. Hardly
12 out of 79 (15.2%) preferred to file a formal complaint to the regulators of the DLSAs.
About 17.7% respondents recoded for the replacement of the LACs. In Six out of 12 Courts
request to change the LACs is also prevalent. Three main subject matters, such as warning,
request for the replacement of existing LAC and filing of a formal complaint, have not been
confined to one court but have also influenced the operations of the legal aid services in
almost all courts.
It is very interesting to note that in case of serious misconducts such as demanding money
by the LACs, no serious action against the defaulting LACs, is recommended or taken by the
respondents’ judicial officers.
During the course of interaction with the judicial officers, it has been revealed that action
taken against the LACs by the DLSAs is hardly communicated to them. It is evident that
from the analysis of Table Nos 88-91, where more than 55 complaints against the LACs were
filed by the judicial officers, received responses from the regulators on action taken against
the LACs only in 12 cases.
Table No 92 is self-explanatory that shows the nature of action taken against the LACs has
also been conveyed to the judicial officers. Therefore 12 out of 55 of the respondents have
received some sort of communication on action taken against the LACs from the regulators,
which shows a compliance rate of just above 20 %. This is one of the main justification
given by the respondents for not submitting any formal complaints against the LACs to the
regulators in respective DLSAs in Delhi, for the ineffectiveness of the legal aid services in
courts. The primary data probably a reflection of the seriousness of the regulators to take
action against the LACs and communication of such action taken to judicial officers across
the universe of the research
Table No. 93: Difficulties faced by the clients in interaction with LACs
LAC occupied
Attitude of Attitude of
Courts with his own Nil Others Total
beneficiaries LAC
practice matters
Count 4 2 0 2 5 13
New Delhi
% of Total 2.3% 1.2% .0% 1.2% 2.9% 7.5%
South Count 5 1 3 5 0 14
East % of Total 2.9% .6% 1.7% 2.9% .0% 8.1%
Count 11 3 1 0 1 16
South
% of Total 6.4% 1.7% .6% .0% .6% 9.2%
Count 12 3 0 1 1 17
Central
% of Total 6.9% 1.7% .0% .6% .6% 9.8%
Count 7 2 1 6 1 17
West
% of Total 4.0% 1.2% .6% 3.5% .6% 9.8%
Count 9 1 1 3 3 17
North
% of Total 5.2% .6% .6% 1.7% 1.7% 9.8%
Count 9 0 1 0 2 12
Shahadra
% of Total 5.2% .0% .6% .0% 1.2% 6.9%
Count 6 1 0 2 6 15
East
% of Total 3.5% .6% .0% 1.2% 3.5% 8.7%
South Count 6 7 0 0 2 15
West % of Total 3.5% 4.0% .0% .0% 1.2% 8.7%
High Count 4 2 0 0 0 6
Court % of Total 2.3% 1.2% .0% .0% .0% 3.5%
North Count 3 1 2 0 9 15
East % of Total 1.7% .6% 1.2% .0% 5.2% 8.7%
North Count 7 1 0 3 5 16
West % of Total 4.0% .6% .0% 1.7% 2.9% 9.2%
Count 83 24 9 22 35 173
Total
% of Total 48.0% 13.9% 5.2% 12.7% 20.2% 100.0%
135
This data is a reflection of the respondents on the difficulties faced by the beneficiaries while
interacting with the LACs. Primary data shows that 48%, 83 out of 173 judicial officers are
of the considered opinion based on his observations and the interaction with the beneficiaries
of legal aid services in civil as well as in criminal courts in Delhi. The said data is also a
reflection of the facts that majority of the LACs give priority to private cases not to legal aid
cases. The same is also a depiction of the ad-hoc engagement of the LACs by the Legal Aid
System in India.
Further, about 20.2%, 35 out of 173 respondents felt that low interaction between these two
stakeholders of legal aid system is mainly because of low rate of honorarium and nature
of empanelment of the LACs under the existing scheme of legal aid. 12.7% respondents
observed that there is no problems with the LACs in supporting the causes of the beneficiaries.
13.9% of the judicial officers have also blamed the beneficiaries for the ineffective interaction
between them. As per these respondents, beneficiaries are more concerned with their claims
and quick disposal of their disputes, which is not possible under the existing court processes.
Judicial officers of the category were also of the view that beneficiaries sometimes have
unreasonable expectations from the LACs. In some instances, as reported by 5.2% of the
respondents, those LACs were solely responsible for the inconveniences and losses to the
beneficiaries.
This bar chart displays the assessment of the judicial offices on problems faced by the
beneficiaries while availing the services of the LACs. It is observe that blue bars representing
the preoccupation of the LACs with private practice, have affected all the courts in Delhi.
Degree of preoccupation with private litigation of the LACs varies from court to court, but
the problem of dominance of private litigation over the legal aid litigation commitments is
evident across the State. LACs prefer private cases to the legal aid cases because of high
returns and other benefits.
Green bars shoeing the attitude of the beneficiaries, though with a minor intake, have also
affected the interface between them. The difficulties related to low rate of honorarium and
nature of enplanement are one of major contributors to the state of affairs between the parties
involved in legal aid services. Yellow bars representing the ‘others’ category of responses, are
seen in 10out of 12 courts in the city of Delhi.
136
In order to gauge the commitments of the LACs towards the legal aid services, the specific
question was addressed to the judicial officers in civil and criminal courts. The data table shows
that about 75.1%, 130 out of 173 respondents’ judicial officers are of the views that the LACs are
partly committed not fully committed to the causes of legal aid services. The opinions expressed
by the judicial officers, are very important to draw some logical analogy that the LACs, mostly
are hardly devoted to the protection of the interests of the beneficiaries. This corrosion in the
dedication of the LACs leads to the erosion of trust of people over the the legal aid services.
Further, 12.1% of the respondents are of the choice that LACs are very committed toward
the legal aid services. Some 5.8% judicial officers have no faith in the commitment of the
LACs. A small numbers of respondents, 1.7%, are of the expression that LACs are hostile
towards the mandate of providing access to justice to poor people. As per the statements of
03 such judicial officers that the LACs use legal aid system, as a transit and platform to gain
experience and develop contacts, as a means of experimentation and survival benefits at the
cost of the beneficiaries of legal aid services.
Table No. 94: Rating of the commitment and devotion of the LACs
Count 1 10 0 0 2 13
New Delhi
% of Total .6% 5.8% .0% .0% 1.2% 7.5%
South Count 2 9 2 1 0 14
East % of Total 1.2% 5.2% 1.2% .6% .0% 8.1%
Count 0 16 0 0 0 16
South
% of Total .0% 9.2% .0% .0% .0% 9.2%
Count 0 17 0 0 0 17
Central
% of Total .0% 9.8% .0% .0% .0% 9.8%
Count 2 13 2 0 0 17
West
% of Total 1.2% 7.5% 1.2% .0% .0% 9.8%
Count 3 11 1 0 2 17
North
% of Total 1.7% 6.4% .6% .0% 1.2% 9.8%
Count 2 10 0 0 0 12
Shahadra
% of Total 1.2% 5.8% .0% .0% .0% 6.9%
Count 2 8 2 1 2 15
East
% of Total 1.2% 4.6% 1.2% .6% 1.2% 8.7%
South Count 4 11 0 0 0 15
West % of Total 2.3% 6.4% .0% .0% .0% 8.7%
High Count 0 6 0 0 0 6
Court % of Total .0% 3.5% .0% .0% .0% 3.5%
North Count 4 9 1 0 1 15
East % of Total 2.3% 5.2% .6% .0% .6% 8.7%
North Count 1 10 2 1 2 16
West % of Total .6% 5.8% 1.2% .6% 1.2% 9.2%
Bar Chart representing the primary data in the table shows that green colour bars are the
leaders of the display. Green bars representing the category of the ‘partial devoted’ are
prominent in every courts in Delhi. As per the responses of the respondents, this casual
approach and low rate of devotion of the LACs towards the beneficiaries is one of the most
important contributors for the trust deficit of people on the legal aid service.
Highly Highly
Courts Satisfactory Unsatisfactory No Comments Total
Satisfactory Unsatisfactory
Count 0 4 0 2 7 13
New Delhi
% of Total .0% 2.3% .0% 1.2% 4.0% 7.5%
Count 0 8 0 3 3 14
South East
% of Total .0% 4.6% .0% 1.7% 1.7% 8.1%
Count 0 10 0 6 0 16
South
% of Total .0% 5.8% .0% 3.5% .0% 9.2%
Count 0 10 0 6 1 17
Central
% of Total .0% 5.8% .0% 3.5% .6% 9.8%
Count 0 10 0 4 3 17
West
% of Total .0% 5.8% .0% 2.3% 1.7% 9.8%
Count 2 8 0 5 2 17
North
% of Total 1.2% 4.6% .0% 2.9% 1.2% 9.8%
Count 0 8 0 3 1 12
Shahadra
% of Total .0% 4.6% .0% 1.7% .6% 6.9%
Count 6 6 0 0 3 15
East
% of Total 3.5% 3.5% .0% .0% 1.7% 8.7%
Count 7 5 0 0 3 15
South West
% of Total 4.0% 2.9% .0% .0% 1.7% 8.7%
Count 0 1 0 5 0 6
High Court
% of Total .0% .6% .0% 2.9% .0% 3.5%
Count 7 2 2 2 2 15
North East
% of Total 4.0% 1.2% 1.2% 1.2% 1.2% 8.7%
Count 6 6 0 1 3 16
North West
% of Total 3.5% 3.5% .0% .6% 1.7% 9.2%
Count 28 78 2 37 28 173
Total
% of Total 16.2% 45.1% 1.2% 21.4% 16.2% 100.0%
138
The table and bar chart is portraying the responses collected about the overall satisfaction levels
from the judicial officers. About 45.1% respondents believes in that something is better than
nothing in case of legal aid services, where free services are provided at the cost of the State. As
per these respondents, at least some LACs are provided to support the causes of the beneficiaries.
They are of the expressed belief that the overall devotion of the LACs is satisfactory.
Bars in Green colour is seen all over the places in 12 Courts in Delhi. Approximately 16.2% of
the respondents are highly satisfied with the commitment and devotion of the LACs in Delhi.
This reflects that there are some devoted LACs, but a few in numbers, who are committed to
the causes of the beneficiaries, in every district in Delhi.
About 21.4% respondents have felt that the LACs devotion of these stakeholders is
unsatisfactory. These judicial offices have also criticized the LACs for lack of commitments.
Bar representing, the ‘unsatisfactory category’ is present in 10 out of 12Courts as the second
highest category on the overall satisfaction. A good number of respondents, 16.2%, have not
expressed any views on overall devotion of the LACs in their courts.
Table No. 96: Rating of the services of the LACs: Quality of Arguments
Count 0 3 8 0 2 13
New Delhi
% of Total .0% 1.7% 4.6% .0% 1.2% 7.5%
Count 0 5 5 4 0 14
South East
% of Total .0% 2.9% 2.9% 2.3% .0% 8.1%
Count 0 3 12 0 1 16
South
% of Total .0% 1.7% 6.9% .0% .6% 9.2%
Count 0 2 15 0 0 17
Central
% of Total .0% 1.2% 8.7% .0% .0% 9.8%
Count 0 6 7 4 0 17
West
% of Total .0% 3.5% 4.0% 2.3% .0% 9.8%
Count 1 5 8 1 2 17
North
% of Total .6% 2.9% 4.6% .6% 1.2% 9.8%
Count 0 3 9 0 0 12
Shahadra
% of Total .0% 1.7% 5.2% .0% .0% 6.9%
Count 0 2 11 1 1 15
East
% of Total .0% 1.2% 6.4% .6% .6% 8.7%
Count 0 3 10 2 0 15
South West
% of Total .0% 1.7% 5.8% 1.2% .0% 8.7%
High Count 0 0 1 5 0 6
Court % of Total .0% .0% .6% 2.9% .0% 3.5%
Count 0 3 9 3 0 15
North East
% of Total .0% 1.7% 5.2% 1.7% .0% 8.7%
North Count 0 1 13 1 1 16
West % of Total .0% .6% 7.5% .6% .6% 9.2%
It has been reiterated that there is no dearth of resources for funding the services of legal aid
system in India. However, the system is grappling to maintain and retain talented LACs for
long period. It is very important the any system of public services cannot function effectively
and meet the expectation of the beneficiaries, unless it is driven or managed by competent
legal professionals such as LACs. Therefore, a specific question was addressed to the judicial
officers, having a rich experience of handling disputes involved the LACs, for the evaluation
of professional skills of the LACs such as quality of arguments, quality of presentation and
drafting skills.
Approximately, 62.4% of the respondent feels that the LACs are fair and just average in the
quality of the arguments skill. Grey Bars in the Bar Char clearly dominating the chart in
11 out of 12 courts in Delhi. The primary data shows that more than 108 out of 173 of the
judicial officers’ feels that LACs just fair in the specific skills of arguments.
Another 12% of the respondents in 8 out of 12 courts in Delhi are of the considerate opinion
that the LACs are bad in their arguments skills. About 21 out of 173 judicial officers, find that
the LACs are not aware of raising pertinent and relevant arguments because of communication
skills and lack of understating of law involved in disputes involving legal aid services.
Further 4% respondents in 05 out of 12 Courts, expressed that the LACs are very bad at
argumentation skills, resulting in inconveniences in the court proceedings and detrimental to
the interests of the beneficiaries.
A fair number of respondents, 20.8%, in 11 out of 12 Courts, are of the feeling that the
quality of the arguments skill of the LACs is good, which is also depicted in green bars in
the relevant bar chart. One out of one hundred seventy three respondents in District North
believes in that quality of arguments skill of the LACs is very good.
Count 0 0 9 0 4 13
New Delhi
% of Total .0% .0% 5.2% .0% 2.3% 7.5%
140
Count 0 5 5 4 0 14
South East
% of Total .0% 2.9% 2.9% 2.3% .0% 8.1%
Count 0 6 9 0 1 16
South
% of Total .0% 3.5% 5.2% .0% .6% 9.2%
Count 0 4 13 0 0 17
Central
% of Total .0% 2.3% 7.5% .0% .0% 9.8%
Count 0 5 8 4 0 17
West
% of Total .0% 2.9% 4.6% 2.3% .0% 9.8%
Count 1 5 9 0 2 17
North
% of Total .6% 2.9% 5.2% .0% 1.2% 9.8%
Count 0 3 7 2 0 12
Shahadra
% of Total .0% 1.7% 4.0% 1.2% .0% 6.9%
Count 0 1 12 1 1 15
East
% of Total .0% .6% 6.9% .6% .6% 8.7%
Count 0 1 12 2 0 15
South West
% of Total .0% .6% 6.9% 1.2% .0% 8.7%
Count 0 0 0 6 0 6
High Court
% of Total .0% .0% .0% 3.5% .0% 3.5%
Count 0 2 11 2 0 15
North East
% of Total .0% 1.2% 6.4% 1.2% .0% 8.7%
Count 0 1 12 2 1 16
North West
% of Total .0% .6% 6.9% 1.2% .6% 9.2%
Count 1 33 107 23 9 173
Total
% of Total .6% 19.1% 61.8% 13.3% 5.2% 100.0%
Quality of presentation the facts and law is very important in the litigation process. If a legal
practitioner is unable to articulate the relevant facts and law for claiming some relief, then it
is likely to jeopardize the interest of the client/litigants. Litigant is unlikely to get any relief
from the court, which will also affects the reputation of the said legal practitioners in future.
The current data table and bar chart focus on the assessment of presentation or articulation
skills of the LACs at the hands of judicial officers in 12 Courts in Delhi. It is seen that about
61.8% of the respondents are of considerate view that the LACs are just average or far in their
articulation or presentation skills. Judges in 11 out of 12 courts, in majority have expressed
deep concerned about the average articulation of the LACs. Bars in grey color, which is
dictating the bar chart, is probably also depicting the state of affairs of legal aid services in
11 out of 12 courts.
Around 19% of the judicial officers find that LACs are good at articulation skills, which is
also reflected in 10 out of 12 Courts providing legal aid services. One of the judicial officers
in North District is of the firm belief that presentation skills of LACs are very good.
Approximately 23 out of 173, (13.3%) in 8 out of 12 Courts, respondents have expressed
the the articulation skills of the LACs is bad. Another 5.3% of the judicial officers in 05
courts are of the visions that the LACs are very bad at presentation skills, thereby adversely
affecting the interests of the beneficiaries. These two categories of bad and very bad, which
comes around 18.6% of the respondents, feel the beneficiaries have been published in some
cases because of lack of quality in communication and articulation skills in the LACs.
141
Table No.98: Rating of the services of the LACs: Quality of Drafting Skills
Drafting skill is one of the most important professional skills of legal practitioners. Quality
drafting plaints, applications, counter affidavit and affidavits and other relevant documents
desirable at trial and appellate courts are the part and parcel of the adjudication processes
in courts. Litigants are likely to be affected seriously by the poor quality of drafting of legal
documents.
Primary data in the table and bar chart have analyse the responses of the respondents’ judicial
officers on the drafting skills of the LACs. 20.2% of the judicial officers in 11 out of 12
Courts find that the LACs are good at drafting of legal documents needed during various
proceedings in civil and criminal courts.
Majority of the LACs are just average at drafting skills as per the observations of 50.3% of
the respondents. Around 87 out of 173, from 11 courts, which is also highlighted by the grey
bars, have expressed that the LACs have fair drafting skills, because of lack of experience
in drafting for claiming various benefits in courts. The issue of average skills of the LACs is
dominating 10 out 12 courts in Delhi.
Further, approximately, 23.1% respondents, which is the second largest group of date in
the table, exhibits that LACs are bad at drafting skills, thereby affecting the interests of
beneficiaries. Around 11 out of 12 Courts shown in the bar chart, with a varying degree of
poor drafting, has affected that quality of legal aid services across the State. 5.8% of the
respondents are of the feeling that the LACs are very bad at drafting skills. Other facts in the
table and bar chart is self-explanatory for the quality of drafting skills of the LACs.
Count 0 6 6 3 1 16
South
% of Total .0% 3.5% 3.5% 1.7% .6% 9.2%
Count 0 4 10 3 0 17
Central
% of Total .0% 2.3% 5.8% 1.7% .0% 9.8%
Count 0 5 7 5 0 17
West
% of Total .0% 2.9% 4.0% 2.9% .0% 9.8%
Count 1 5 7 2 2 17
North
% of Total .6% 2.9% 4.0% 1.2% 1.2% 9.8%
Count 0 3 9 0 0 12
Shahadra
% of Total .0% 1.7% 5.2% .0% .0% 6.9%
Count 0 3 10 1 1 15
East
% of Total .0% 1.7% 5.8% .6% .6% 8.7%
Count 0 4 6 5 0 15
South West
% of Total .0% 2.3% 3.5% 2.9% .0% 8.7%
Count 0 0 0 6 0 6
High Court
% of Total .0% .0% .0% 3.5% .0% 3.5%
Count 0 4 8 2 1 15
North East
% of Total .0% 2.3% 4.6% 1.2% .6% 8.7%
Count 0 3 10 2 1 16
North West
% of Total .0% 1.7% 5.8% 1.2% .6% 9.2%
Count 1 41 86 34 11 173
Total
% of Total .6% 23.7% 49.7% 19.7% 6.4% 100.0%
Overall rating of the competency of the LACs as per the table and bar chart is almost a
repetition of the previous three table on quality of argument, articulation skills, and drafting
skills of the LACs. Almost half of the respondents 86 out of 173 (49.7%) are of the thoughtful
belief that LACs are competent of average or fair level. Contrary to that, 23.7%, 41 out of 173
of the respondents reveals that the LACs are competent to handle legal aid cases.
144
A combination of bad and very bad categories amounts to 19.7% +6.4% (26.1%), 45 out
of 173 of the respondents. These judicial officers are of the firm views that the LACs are
inexperienced and incompetent legal professional, which are not predictable to promote the
interests of the beneficiaries.
Bar chart based on the observations of the responses, also shows that the LACs with average
caliber is found across the Universe of the research. Extra ordinary and experienced LACs
are hardly available for providing legal aid services. The same is evident from the Bars
denoting bad, very bad and average categories of the LACs as per the assessment of the
judicial officers. From the abovementioned primary data, it is logically assumed that the
LACs largely are not sound enough to promote quality of legal aid services.
This research is designed to take into account all the pertinent observations and feed backs
from the judicial officers, regulators, and the beneficiaries for assessing the competency and
commitments of the LACs.
Table No. 100: Rating of the services of the PLPs: Quality of Arguments
The specific question has been formulated to draw some comparison on professional skills
such as arguments, articulation and drafting of private legal practitioners (PLPs) and the
LACs on the basis of valuable inputs from the judicial officers in civil as well criminal courts
in Delhi.
Valuable feedbacks on the quality of argument in case of PLPs from 95 out of 173 (54.9%)
judicial officers shows that the PLPs are good at the quality of arguments. Which is quite high
as compared to the argument skills of LACs. A combination of good and very good categories
in case of PLPs amounts to 62.4% support from the respondents judicial officers.
As per the Table No 96 approximately, 62.4% of the respondent judges have assessed the
quality of LACs as fair and just average. The primary data shows that more than 108 out of
173 of the judicial officers’ feels that LACs just fair in the specific skills of arguments.
There is clear-cut contrast between the quality of arguments in case of the LACs and the
PLPs. Most of the LACs are at average or fair in the specific skills, whereas more than 62.4%
PLPs are above average in argument skills. It seems that PLPs are more experienced and
skillful in case of quality of arguments, which is probably one of the main justifications for
people giving priority to PLPs over the LACs.
In case of quality of articulation of PLPs, 54.9% of the respondents are of the views that
PLPs are good at articulations or presentation skills. About 7.5% of the judicial officers have
graded the articulation of the PLPs as ‘very good’. The combination of bad and very bad
categories as per the judicial officers comes around 12.7%, which also far better than the
LACs in case of below average skills on articulation.
More the 62% of the respondents are under the impression that the PLPs are above average
in case of the articulation skills.
The Primary data on articulation skills of the LACs shows that 61.8% of the respondents are
of considerate view that the LACs are just average or far in their articulation or presentation
skills. Judges in 11 out of 12 courts, in majority have expressed deep concerned about the
average articulation of the LACs.
In case of the articulation skills of the PLPs green bars are dominating the bar chart in 11 out
of 12 Courts in Delhi, whereas in case of articulation skills of the LACs is concerned, Bars in
grey color, representing the average category of the responses about the articulation skills of
the LACs in 11 out of 12 courts. These two bar charts shows a wide gap on articulation skills
in between the LACs and PLPs, where the PLPs have the advantage of better skills.
Table No. 102: Rating of the services of the PLPs: Quality of Drafting Skills
Count 1 10 4 0 2 17
North
% of Total .6% 5.8% 2.3% .0% 1.2% 9.8%
Count 0 7 2 1 2 12
Shahadra
% of Total .0% 4.0% 1.2% .6% 1.2% 6.9%
Count 0 8 4 0 3 15
East
% of Total .0% 4.6% 2.3% .0% 1.7% 8.7%
Count 0 12 3 0 0 15
South West
% of Total .0% 6.9% 1.7% .0% .0% 8.7%
Count 0 6 0 0 0 6
High Court
% of Total .0% 3.5% .0% .0% .0% 3.5%
Count 0 6 6 2 1 15
North East
% of Total .0% 3.5% 3.5% 1.2% .6% 8.7%
Count 0 8 4 1 3 16
North West
% of Total .0% 4.6% 2.3% .6% 1.7% 9.2%
Count 1 98 51 6 17 173
Total
% of Total .6% 56.6% 29.5% 3.5% 9.8% 100.0%
Drafting skills of the PLPs as assessed by the judicial officers depicts that respondents
representing 56.6% ,98 out of 173, firmly believe in that PLPs are good at drafting skills.
Further, 29.5% respondents feel that the PLPs are average at drafting skills. Around 13.3 %
of respondents have assessed that PLPS are below average in drafting skills.
Table No 98, displaying the assessment of the LACs in case of drafting skills finds that
majority of the LACs are just average at drafting skills as per the observations of 50.3% of
the respondents. Around 87 out of 173, from 11 courts, which is also highlighted by the grey
bars, have expressed that the LACs have fair drafting skills, because of lack of experience
in drafting for claiming various benefits in courts. The issue of average skills of the LACs is
dominating 10 out 12 courts in Delhi.
148
It is observe that in case of the current bar chart, green bars representing good category for
the PLPs, are dominating almost all courts in Delhi. It is inferred that the PLPs are better to
the PLPs in the comparative analysis of the drafting skills for providing legal services to the
litigants.
Count 0 6 3 0 4 13
New Delhi
% of Total .0% 3.5% 1.7% .0% 2.3% 7.5%
Count 0 7 5 1 1 14
South East
% of Total .0% 4.0% 2.9% .6% .6% 8.1%
Count 3 12 0 0 1 16
South
% of Total 1.7% 6.9% .0% .0% .6% 9.2%
Count 2 14 1 0 0 17
Central
% of Total 1.2% 8.1% .6% .0% .0% 9.8%
Count 0 8 8 1 0 17
West
% of Total .0% 4.6% 4.6% .6% .0% 9.8%
Count 1 10 4 0 2 17
North
% of Total .6% 5.8% 2.3% .0% 1.2% 9.8%
Count 0 7 2 1 2 12
Shahadra
% of Total .0% 4.0% 1.2% .6% 1.2% 6.9%
Count 0 9 3 0 3 15
East
% of Total .0% 5.2% 1.7% .0% 1.7% 8.7%
Count 0 9 6 0 0 15
South West
% of Total .0% 5.2% 3.5% .0% .0% 8.7%
Count 0 6 0 0 0 6
High Court
% of Total .0% 3.5% .0% .0% .0% 3.5%
Count 0 7 7 0 1 15
North East
% of Total .0% 4.0% 4.0% .0% .6% 8.7%
Count 0 8 5 0 3 16
North West
% of Total .0% 4.6% 2.9% .0% 1.7% 9.2%
Count 6 103 44 3 17 173
Total
% of Total 3.5% 59.5% 25.4% 1.7% 9.8% 100.0%
The Primary data in the table reflects upon the feedbacks about overall competency of the
PLPS received from the judicial officers in 12 Courts in Delhi. as per the revelation of the
respondents, 59.5%, 103 out of total 173, find that the overall competency of the PLPs, on an
average, are good in respect of articulation, arguments and drafting skills. Another 3.5% of
the respondents feels that the PLPs are competent of high degree. The PLPs are of average
caliber asper the assessment of 25.4% respondents. Around 11.5 % judicial officers express
that the PLPs are not so competent to provide quality legal services.
Now let us compare, the competency of the PLPs and LACs for the purpose of this research.
149
Table No 99, exhibiting the assessment of of competency of the LACs, observed that almost
half of the respondents judicial officers, 86 out of 173 (49.7%) are of the thoughtful belief
that LACs have average or fair level of competency for providing legal services. In case of
the PLPs, 63 % respondents judicial officers have disclosed that the PLPs represents good
and very good categories of competency, which is quite comparable high to the LACs. Green
Bars (good Category) in case of PLPs are dictating the chart in 12 Courts across the State.
Whereas, grey bars (fair category) displaying the assessment of of the LACs is the prominent
category.
Table No. 104: Evaluation of the Competency of the LACs by Senior Judicial officers
in Session Courts and Special Courts in Districts
1 New Delhi 0 3 3
2 South East 0 5 5
3 South 0 4 4
4 Central 0 5 5
5 West 0 5 5
6 North 1 4 5
7 Shahadra 1 4 5
8 East 1 4 5
9 South West 1 5 6
10 High Court 0 0 0
11 North East 1 5 6
12 North West 1 6 7
Total Respondents 06 50 56
150
The opinion expressed about the competency of the LACs by senior judicial officers at Session
Courts and other special courts dealing with serious crimes is an indication that LACs are not
competent to handle serious crimes involving matter of life and death. As per the considerate
views of 89.30% of the Judicial officers that they do not prefer the involvement of the LACs
in serious crimes such as rape, murder, culpable homicide not amounting to murder, narcotics
and other major offences. They always consider the appointment of amicus curiae, generally
experienced legal practitioners of competency known to the judicial officers, are engaged to
protect the interests of poor people, who are not in a position to engage a legal practitioners
at own.
Whereas some 10.70%, 06 out of 56 senior judicial officers has opined that there are some
senior LACs, who are competent and experienced, can be appointed to protect the interests
of poor people, without resources, involved in serious crimes. Therefore, it is visible from
the data that LACs are not considered trust-worthy and competent to protect the interest of
poor people in serious crimes. The judicial officers have also conveyed, during the course of
interaction with them, that they do not want take any risk to compromise with the interests of
these beneficiaries by appointing the LACs.
Table No. 105: Creation of a full time empanelment for the LACs
Highly Not No
Courts Recommended Total
Recommended Recommended comments
Count 0 9 2 2 13
New Delhi
% of Total .0% 5.2% 1.2% 1.2% 7.5%
Count 6 4 3 1 14
South East
% of Total 3.5% 2.3% 1.7% .6% 8.1%
Count 6 6 0 4 16
South
% of Total 3.5% 3.5% .0% 2.3% 9.2%
Count 6 6 1 4 17
Central
% of Total 3.5% 3.5% .6% 2.3% 9.8%
Count 7 8 2 0 17
West
% of Total 4.0% 4.6% 1.2% .0% 9.8%
Count 5 6 1 5 17
North
% of Total 2.9% 3.5% .6% 2.9% 9.8%
Count 2 6 1 3 12
Shahadra
% of Total 1.2% 3.5% .6% 1.7% 6.9%
Count 1 7 4 3 15
East
% of Total .6% 4.0% 2.3% 1.7% 8.7%
Count 5 6 3 1 15
South West
% of Total 2.9% 3.5% 1.7% .6% 8.7%
Count 0 2 3 1 6
High Court
% of Total .0% 1.2% 1.7% .6% 3.5%
151
Count 7 6 2 0 15
North East
% of Total 4.0% 3.5% 1.2% .0% 8.7%
Count 2 6 5 3 16
North West
% of Total 1.2% 3.5% 2.9% 1.7% 9.2%
Count 47 72 27 27 173
Total
% of Total 27.2% 41.6% 15.6% 15.6% 100.0%
The specific question regarding creation of some full time tenure based empanelment to
promote the legal aid services for the LACs has been proposed. The said question has also
be posed to all the stakeholders of the legal aid system. Feedbacks on the proposed full time
employment/ permanent scheme of the enjoyment of the LACs have also been recorded for
the final analysis.
119 out of 173, (68.8%) Judicial officers in 12 courts have overwhelmingly supported the
creation such a scheme to employ the LACs on full time with some consolidate honorarium.
The said proposed scheme has not been appreciated and recommended by 27 (15.6%) judicial
officers. Another 27 respondents (15.6%) have expressed no opinion on the creation of a full
time employment scheme for the LACs. It is also explained that the formal structure of the
proposed scheme is a matter of further research.
Count 4 1 0 5
New Delhi
% of Total 8.3% 2.1% .0% 10.4%
Count 2 3 0 5
South East
% of Total 4.2% 6.3% .0% 10.4%
Count 6 0 0 6
South
% of Total 12.5% .0% .0% 12.5%
Count 7 1 0 8
Central
% of Total 14.6% 2.1% .0% 16.7%
Count 6 3 0 9
West
% of Total 12.5% 6.3% .0% 18.8%
Count 1 0 0 1
Shahadra
% of Total 2.1% .0% .0% 2.1%
Count 4 1 1 6
East
% of Total 8.3% 2.1% 2.1% 12.5%
152
South Count 0 0 1 1
West % of Total .0% .0% 2.1% 2.1%
Count 0 1 0 1
North East
% of Total .0% 2.1% .0% 2.1%
North Count 4 1 1 6
West % of Total 8.3% 2.1% 2.1% 12.5%
Count 34 11 3 48
Total
% of Total 70.8% 22.9% 6.3% 100.0%
In order to find out the problems faced by the beneficiaries during the course of litigation
involving the LACs, this open ended question was addressed to judicial officers to provide
valuable inputs for the enhancement of legal aid services. After receiving responses from
the 48 respondents out of the total respondents 173, main topics are taken account for the
research analysis.
Primary data in the table provides that 70.5% (34) of the judicial officers disclose that
competency skills of the LACs are the main impediment in the protection of the interests of
beneficiaries. Some 22.9% (11) judicial officers have felt that the lack of dedication on the
part of the LACs is the main cause of concerned for the beneficiaries and judicial officers.
Other minor issues such as quantum of honorariums and lack of proper infrastructure for the
LACs affects the interaction between the relevant parties.
Table No. 107: Recommendations for improving the quality of legal aid ervices
Another open-ended question was included in the questionnaire to get the benefits of rich
experience of the judicial officers for the promotion of quality of legal aid services. This
research has taken into consideration main issues and recommendation to avoid any repetition.
About 53 out of 173 of the respondents answered to the specific open-ended question. As the
views of 35.8 % respondents, the existing appointment process is incomplete to empanel
quality professionals and there is a possibility of manipulation in the engagement through
reference. As per these respondents, the majority of the empanelment of the LACs are done
on references and recommendation from senior judicial offices.
It is also suggested that the empanelment process must include written exams for the LACs.
Another 9.4% of the judicial officers are of opinion that regular feedbacks from the judicial
officers and the beneficiaries about the services the LACs must also be done on annual basis;
the same feedbacks may also be used for the subsequent empanelment.
Further, around 18.9% feels that the cases of the LACs should also be monitored and
non-performance of the LACs must be made accountable. 15.1% of the respondents have
recommended that proper practical training to the LACs and creation of some permanent
monitoring committee to support the LACs in case any difficulty related to litigation faced
by them.
Chapter VIII
There is no dearth of resources and statutory protection to the Legal aid Services in India.
Legal aid counsels (LACs) are the main driving force of the Legal aid System across the
nation. It is believed that if a pilot or driver is not in a positon to fly an aircraft/drive a
passenger’s vehicle, then safety and security of the passengers in these cases, would be at
stake. Some logical inference may be drawn from the illustration and apply to legal aid
counsels. Legal aid system is bound to fail in case LACs are not committed and competent
to provide quality legal aid services to the beneficiaries. Because legal aid counsels provide
all services stating from drafting to final arguments in civil and criminal cases.
The basic objectives of the data collection from the LACs was to ascertains about the
difficulties faced by them in dealing with the legal aid cases, level of understanding and
commitments, their own assessment of their services, and suggestions for the improvement
in the quality of legal aid services.
This research endeavour collected lists of empaneled LACs on civil and criminal matters
from December 2014-2015 December, from the offices of DLSA and DSLSA and also from
the web sites of the DSLSA. After the verification of the lists from the Districts LSA, a
sample size of 08 LACs each in case of civil and criminal panels was selected. Those LACs,
who had practiced/ were involved in more than 10 cases under the Legal Aid System, were
taken into account for the collection of primary data.
Data from the LACs was collected through personal administration of the specific questionnaire
as well as mailing E-questionnaire (google) for the online responses. Researcher, to assess
the capability and commitment of the LACs, also witnessed the numerous court proceedings
involving LACs. Quality of arguments raised by the LACs and responses of judicial officers
have been taken into consideration for the completion of this report.
Researcher has tried his best from all possible dimensions to assess the competency and
commitments of the LACs. This has not only included the perspective of the LACs on their
services, but also the evaluation of their services by the Judicial officers, dealing with Legal
aid cases, Beneficiaries of legal aid services, regulators of legal aid services, to evaluate the
quality of services and commitments of LACs in 11 Districts and Delhi High Court Legal
Services Committee. Data collected from the LACs has been scrutinized and interpreted as
per the broad independent and dependent variables of this research.
Details of the proposed respondents and Actual respondents from different categories
of stakeholders of legal aid services.
Proposed Actual
Sl No Category of Respondents
Respondents Respondents
LACs (Each District Court
2. 12 ´ 16 = 192 174
and Delhi High Court)
Civil Courts 8
Criminal Courts 8
156
Sl No Courts LACs
1 New Delhi 10
2 South East 14
3 South 13
4 Central 11
5 West 12
6 North 16
7 Shahadra 24
8 East 15
9 South West 11
10 High Court 15
11 North East 15
12 North West 18
Total Respondents 174
This research conducted pilot study to have firsthand information on the operations of the
LACs. Records regarding empanelment from the DSLSA and DLSAs office was collected.
In order to provide reasonable representation of the LACs from the main panels of civil and
criminal courts, eight LACs in each category were selected as the sample size in 12 Courts
including Delhi High Courts. For the purpose of this research a sample size of 192 LACs,16
each from 12 courts, was fixed initially.
Despite all constraints and hostile attitude of some of the LACs, researcher could collect primary
data based on the specific questionnaire for the LACs, from 174 LACs only. The details of the
LACs interviewed in all 12 Courts have been mentioned in the above mentioned data table.
Table No. 109: Purpose of the LACs for joining the legal aid services
Count 8 0 0 0 2 10
New Delhi
% of Total 4.6% .0% .0% .0% 1.1% 5.7%
Count 5 1 3 1 4 14
South East
% of Total 2.9% .6% 1.7% .6% 2.3% 8.0%
Count 7 1 3 1 1 13
South
% of Total 4.0% .6% 1.7% .6% .6% 7.5%
Count 9 0 2 0 0 11
Central
% of Total 5.2% .0% 1.1% .0% .0% 6.3%
Count 5 0 5 0 2 12
West
% of Total 2.9% .0% 2.9% .0% 1.1% 6.9%
Count 11 0 1 1 3 16
North
% of Total 6.3% .0% .6% .6% 1.7% 9.2%
Count 16 3 3 0 2 24
Shahadra
% of Total 9.2% 1.7% 1.7% .0% 1.1% 13.8%
157
Count 9 1 3 0 2 15
East
% of Total 5.2% .6% 1.7% .0% 1.1% 8.6%
Count 8 1 2 0 0 11
South West
% of Total 4.6% .6% 1.1% .0% .0% 6.3%
Count 5 1 5 0 4 15
High Court
% of Total 2.9% .6% 2.9% .0% 2.3% 8.6%
Count 8 0 4 0 3 15
North East
% of Total 4.6% .0% 2.3% .0% 1.7% 8.6%
Count 12 0 2 1 3 18
North West
% of Total 6.9% .0% 1.1% .6% 1.7% 10.3%
The said question on the motives of the LACs to join legal aid services is very pertinent to
reflect upon the commitment of such professionals. Of course, other factors are also required
to be taken into account for drawing any logical inference from the said recorded data.
The data in the table shows the purposes of the LACs to be a part of the legal aid services
in Delhi, probably; the same may also be applied to all the LACs across the nation. About
59.2%, 103 out of 174 LACs, join the legal aid services for supporting the causes of poor and
downtrodden strata of the society. It is very difficult to scrutinize the practical implications
of such preaching of promoting the interests of beneficiaries through legal aid service. This
research would also combine the responses from other stakeholders such as judicial offices,
regulators and the beneficiaries, to test the true character of such a commitments in real life.
A good number of LACs were very forthright in providing their feedbacks on the issue of
joining legal aid services by the LACs. Approximately, 19%, 33 out of 174, LACs are of the
firm belief that they join legal aid services for getting good experience and exposure to courts
practices. According to them, Legal aid services is a kind of platform for better opportunities.
Some 4.6% of the respondent are of the considerate views that they become part of the legal
aid system for the employment opportunities.
Further, around 2.3% of the LACs accept that they enter in the service for the acclimatization
in the profession. About 14.9% LACs are of the expression that the get into the services of
the legal aid for the purpose of learning and preparing for the selection in the higher judiciary
as judicial officers. It is evident that around 40% of the LACs join legal aid services on those
grounds, which are not directly or indirectly connected to the mandate of the legal aid system.
Table No. 110: Nature of Commitment of the LACs for the LAS
Count 3 3 2 2 10
New Delhi
% of Total 1.7% 1.7% 1.1% 1.1% 5.7%
Count 4 3 2 5 14
South East
% of Total 2.3% 1.7% 1.1% 2.9% 8.0%
Count 3 3 4 3 13
South
% of Total 1.7% 1.7% 2.3% 1.7% 7.5%
Count 2 4 3 2 11
Central
% of Total 1.1% 2.3% 1.7% 1.1% 6.3%
158
Count 2 1 5 4 12
West
% of Total 1.1% .6% 2.9% 2.3% 6.9%
Count 6 4 5 1 16
North
% of Total 3.4% 2.3% 2.9% .6% 9.2%
Count 8 5 8 3 24
Shahadra
% of Total 4.6% 2.9% 4.6% 1.7% 13.8%
Count 6 3 4 2 15
East
% of Total 3.4% 1.7% 2.3% 1.1% 8.6%
Count 0 4 5 2 11
South West
% of Total .0% 2.3% 2.9% 1.1% 6.3%
Count 7 3 4 1 15
High Court
% of Total 4.0% 1.7% 2.3% .6% 8.6%
Count 3 4 4 4 15
North East
% of Total 1.7% 2.3% 2.3% 2.3% 8.6%
Count 7 3 3 5 18
North West
% of Total 4.0% 1.7% 1.7% 2.9% 10.3%
Count 51 40 49 34 174
Total
% of Total 29.3% 23.0% 28.2% 19.5% 100.0%
Nature of the commitment is probably connected to the nature of engagement of the LACs.
It also seen that the LACs are piece rated employee, not in strict sense, because they are
involved and paid on the basis of allotted cases, where honorarium in stages are paid, without
any regular honorarium like a regular employee. In real sense, they are not empaneled for the
fulltime operations of the legal aid services.
As per the table data, 29.3% LACs are accessible for the free legal aid litigation on part time
basis. Further 28.2% of the respondent are have ad-hoc commitment, where they interact
with the system of legal aid services for the particular case only. In Both the categories, more
than 57.5% of the LACs have no fulltime availability, because of ad-hoc empanelment by
the DLSA. The duration of the availability is also dependent upon the number of legal aid
cases allotted to the LACs. These respondents are otherwise busy in their private practices in
various courts in Delhi.
Some 40 out of 173 LACs, (23%) , who have good amount of legal aid cases with them,
are fully committed and devoted to the free legal aid services. Such LACs do take private
cases in small numbers. Around 19.5% of the respondents provide equal space to the both,
private practice and legal aid litigation. Actually, in this materialistic World, considerations
are driven by the returns and outputs, which is hardly made available by the existing system
of free legal aid system to the LACs.
Table No. 111: Training provided to the LACs at the time empanelment
Count 5 5 0 10
New Delhi
% of Total 2.9% 2.9% .0% 5.7%
159
Count 4 5 5 14
South East
% of Total 2.3% 2.9% 2.9% 8.0%
Count 7 4 2 13
South
% of Total 4.0% 2.3% 1.1% 7.5%
Count 7 2 2 11
Central
% of Total 4.0% 1.1% 1.1% 6.3%
Count 4 6 2 12
West
% of Total 2.3% 3.4% 1.1% 6.9%
Count 12 4 0 16
North
% of Total 6.9% 2.3% .0% 9.2%
Count 11 10 3 24
Shahadra
% of Total 6.3% 5.7% 1.7% 13.8%
Count 7 4 4 15
East
% of Total 4.0% 2.3% 2.3% 8.6%
Count 7 3 1 11
South West
% of Total 4.0% 1.7% .6% 6.3%
Count 3 6 6 15
High Court
% of Total 1.7% 3.4% 3.4% 8.6%
Count 9 5 1 15
North East
% of Total 5.2% 2.9% .6% 8.6%
Count 9 7 2 18
North West
% of Total 5.2% 4.0% 1.1% 10.3%
Count 85 61 28 174
Total
% of Total 48.9% 35.1% 16.1% 100.0%
Imparting training at the time of empanelment for providing legal aid services is very pertinent
for the sensitization of the LACs about their duties and responsibilities. As per 48.9% of the
LACs, agree that some amount of training is provided at the initial stage of the empanelment.
Further 35.1% respondents did not receive any training from the DLSAs at the beginning
of the tenure of such engagement. A good number of the LACs, 16.1% were not so keen to
respond to the specific question on training for the LACs.
160
The bar chart displaying the primary data on imparting training to the LACs at the beginning
of empanelment shows that Yes and No categories of the LACs are prevalent in all Courts.
In eight courts out of 12 Courts blue bars representing ‘Yes’ category, has outnumbered the
green bars (No category). No response category, though very low in number, is evident in
10 out of 12 Courts. It is also seen that in Delhi High Court and West District, green bar
have superseded the blue bars. Further research on the question of imparting training and,
the components and quality of training may be conducted. Some specific empirical research
may also be carried out to evaluate the impact of such training on the commitment and
competency of the LACs.
Count 6 3 1 10
New Delhi
% of Total 3.4% 1.7% .6% 5.7%
Count 6 5 3 14
South East
% of Total 3.4% 2.9% 1.7% 8.0%
Count 2 10 1 13
South
% of Total 1.1% 5.7% .6% 7.5%
Count 7 2 2 11
Central
% of Total 4.0% 1.1% 1.1% 6.3%
Count 5 5 2 12
West
% of Total 2.9% 2.9% 1.1% 6.9%
Count 11 4 1 16
North
% of Total 6.3% 2.3% .6% 9.2%
Count 13 7 4 24
Shahadra
% of Total 7.5% 4.0% 2.3% 13.8%
Count 6 6 3 15
East
% of Total 3.4% 3.4% 1.7% 8.6%
Count 6 4 1 11
South West
% of Total 3.4% 2.3% .6% 6.3%
Count 2 8 5 15
High Court
% of Total 1.1% 4.6% 2.9% 8.6%
Count 5 9 1 15
North East
% of Total 2.9% 5.2% .6% 8.6%
Count 7 11 0 18
North West
% of Total 4.0% 6.3% .0% 10.3%
Count 76 74 24 174
Total
% of Total 43.7% 42.5% 13.8% 100.0%
The above-mentioned data table summarizes the responses of the LACs on availability of
some reference book or ready reckoner for the LACs. 43.7% of the total respondents have
accepted that some reading material or reference material on legal aid services is provided to
them regularly. However, most of them were unable to show any such document or reference
book or ready reckoner for the LACs provided by the DLSAs, to the research team.
161
Approximately, 42.5% LACs firmly acknowledged that no such ready reference or reference
book is provide to them at the time of empanelment. These respondents felt that regular
updates about the law and cases must be communicated to them regularly. Some of these
respondents complain about the lack of infrastructure facilities such as library and other free
of cost IT facilities for the LACs in all the Courts in Delhi.
Some 13.8% of the respondents were reluctant to provide any information about availability
of the reference book or ready reckoner on legal aid services by the DLSAs to the LACs.
Researcher on the issue of availability of good handbook on the LACs at the time empanelment
or during the course of empanelment, have totally relied upon the responses of the LACs. No
handbook or ready reckoner on legal aid services was produced any DLSAs at the time of
visit of the research team to various authorities in 12 Courts in Delhi.
The bar which includes green (No category) and blue (Yes Category) bars, show that the gap
between Yes and No category is just 1.2% (2 respondents), where 13.2% of the respondents
have not expressed any opinion. Green and blue bars, with minor variance in both the
categories, are visible in all the 12 Courts.
Table No. 113: Period of association of the LACs with the LAS
Courts 1-3 Years 4-6 Years 7-9 Years Above 9 Years Total
Count 6 3 0 1 10
New Delhi
% of Total 3.4% 1.7% .0% .6% 5.7%
Count 8 2 0 4 14
South East
% of Total 4.6% 1.1% .0% 2.3% 8.0%
Count 9 1 0 3 13
South
% of Total 5.2% .6% .0% 1.7% 7.5%
Count 9 1 0 1 11
Central
% of Total 5.2% .6% .0% .6% 6.3%
Count 8 3 0 1 12
West
% of Total 4.6% 1.7% .0% .6% 6.9%
162
Count 12 2 0 2 16
North
% of Total 6.9% 1.1% .0% 1.1% 9.2%
Count 14 5 2 3 24
Shahadra
% of Total 8.0% 2.9% 1.1% 1.7% 13.8%
Count 10 1 1 3 15
East
% of Total 5.7% .6% .6% 1.7% 8.6%
Count 7 3 0 1 11
South West
% of Total 4.0% 1.7% .0% .6% 6.3%
Count 13 1 0 1 15
High Court
% of Total 7.5% .6% .0% .6% 8.6%
Count 9 2 2 2 15
North East
% of Total 5.2% 1.1% 1.1% 1.1% 8.6%
Count 12 4 2 0 18
North West
% of Total 6.9% 2.3% 1.1% .0% 10.3%
Count 117 28 7 22 174
Total
% of Total 67.2% 16.1% 4.0% 12.6% 100.0%
The primary date in the table and bar chart display the period of association of the LACs with
the Legal aid services in Delhi. As per the data table 67.2% of the LACs have an experience
ranging between one to three years. This the group of respondents, 117 out of 174, which is
representing 2/3rd of the total respondents, have an experience of one to three years dealing
with various issues arising out of their empanelment.
Blue bars representing first category of 1-3 years of experiences, is leading in all the courts in
11 Distracts and Delhi High Court. It is also pertinent that a combination of junior and senior
LACs are seen in almost all courts.
As per the opinion of 12.6% of the LACs, they had a rich experience of more than nine
years of the empanelment. Nevertheless, it is very difficult for the researcher to draw logical
conclusion between the quality of commitment & competency and length of experience.
There is a scope of further research to explore such dimensions of legal aid services. Some
16.1% of the respondents had an experience of two terms of the empanelment.
163
This research have collected primary data from the LACs on average time (weekly, six days
in districts and five days in Delhi High Court) spent for the legal aid services. About 28.7%
of the LACs have spent an average period between 1-5 hours in a week on legal aid cases.
17.8% respondents spent an average period between 6 and 9 hours in a week, on legal aid
services. Less than ten hours average time in a week have been consumed by 46.5% the
LACs for the legal aid services.
12.1% of the LACs did not spare any time for the legal aid services. This is because they
had been a part of the respective panels, but no legal aid cases were allotted to them. Around
15.5% of the respondents were available for the legal aid service for an average period ranging
between 10 and 15 hours in a week, whereas 25.9% spent more than 15 hours average time in
a week on services relate to legal aid system.
Table No. 115: Time Spend in a week (Average hours) for the private practice
Count 2 1 2 2 3 10
New Delhi
% of Total 1.1% .6% 1.1% 1.1% 1.7% 5.7%
Count 1 5 2 0 6 14
South East
% of Total .6% 2.9% 1.1% .0% 3.4% 8.0%
Count 4 1 0 2 6 13
South
% of Total 2.3% .6% .0% 1.1% 3.4% 7.5%
Count 1 2 2 4 2 11
Central
% of Total .6% 1.1% 1.1% 2.3% 1.1% 6.3%
Count 1 2 0 2 7 12
West
% of Total .6% 1.1% .0% 1.1% 4.0% 6.9%
Count 4 5 3 2 2 16
North
% of Total 2.3% 2.9% 1.7% 1.1% 1.1% 9.2%
Count 5 8 6 1 4 24
Shahadra
% of Total 2.9% 4.6% 3.4% .6% 2.3% 13.8%
Count 1 2 2 2 8 15
East
% of Total .6% 1.1% 1.1% 1.1% 4.6% 8.6%
Count 4 3 2 1 1 11
South West
% of Total 2.3% 1.7% 1.1% .6% .6% 6.3%
Count 3 1 6 1 4 15
High Court
% of Total 1.7% .6% 3.4% .6% 2.3% 8.6%
Count 1 2 5 3 4 15
North East
% of Total .6% 1.1% 2.9% 1.7% 2.3% 8.6%
Count 1 4 2 7 4 18
North West
% of Total .6% 2.3% 1.1% 4.0% 2.3% 10.3%
Count 28 36 32 27 51 174
Total
% of Total 16.1% 20.7% 18.4% 15.5% 29.3% 100.0%
It is open secret that the LACs are empaneled for a period of three years, which may also be
extended by the DSLSA and DLSA in some contingencies. It is also pertinent that such an
empanelment is done for the litigation processes involving the legal aid beneficiaries.
165
Regulators in the DLSAs are deputed for regulating the legal aid services including allocation
of legal aid cases to the LACs as per the panels and experiences. It is not necessary that all the
LACs are always allotted some legal aid cases. During the course of this research, researcher
met with many LACs whose had been empaneled for a period of three years, but not a single
legal aid case was allotted to the.
As per the data table pertaining to the average time in a week spent by the LACs on legal
aid cases, highest number of LACs28.7% spent an average duration of one to five hours
in a week. Whereas per the data table on average time consumed by the LACs on private
proactive is concerned, 29.3% of the LACs have spent more than 40 hours average time in a
week on private practice. Which is a contrast from the average time spent on legal aid cases
in a week.
Less than twenty hours average time in a week has been spent on private practice by 16.1%
(1-10 hours) and 20.7% (11-20 Hours), which is also more than the highest average duration
in case of time consumed by the LACs on legal aid cases. More than 63.2 % (18.4%+15.5%+
29.3%) of the LACs have spent more than twenty hours average time in a week on private
practice.
If the nature of employment is for such a nature, than how can we expect a full time
commitment from the LACs in this commercialised and highly competitive World?
Table No. 116: Average time taken in Civil Cases involving the LACs
Courts 1-3 years 3-5 years 6-9 years 10-15 years Total
Count 9 0 0 1 10
New Delhi
% of Total 5.2% .0% .0% .6% 5.7%
Count 11 2 1 0 14
South East
% of Total 6.3% 1.1% .6% .0% 8.0%
Count 10 3 0 0 13
South
% of Total 5.7% 1.7% .0% .0% 7.5%
Count 7 2 2 0 11
Central
% of Total 4.0% 1.1% 1.1% .0% 6.3%
166
Count 10 2 0 0 12
West
% of Total 5.7% 1.1% .0% .0% 6.9%
Count 14 0 1 1 16
North
% of Total 8.0% .0% .6% .6% 9.2%
Count 15 7 1 1 24
Shahadra
% of Total 8.6% 4.0% .6% .6% 13.8%
Count 13 2 0 0 15
East
% of Total 7.5% 1.1% .0% .0% 8.6%
Count 10 1 0 0 11
South West
% of Total 5.7% .6% .0% .0% 6.3%
Count 15 0 0 0 15
High Court
% of Total 8.6% .0% .0% .0% 8.6%
Count 11 4 0 0 15
North East
% of Total 6.3% 2.3% .0% .0% 8.6%
Count 16 2 0 0 18
North West
% of Total 9.2% 1.1% .0% .0% 10.3%
Count 141 25 5 3 174
Total
% of Total 81.0% 14.4% 2.9% 1.7% 100.0%
It is seen that the average time taken in a civil case where the LAC is involved is ranging
between one year to three years. As per the opinion of 141 out of 174 respondents, 81.0%,
that speedy justice is provided to the beneficiaries.
Bars representing the average duration in civil cases shows that LACs across the spectrum
of 12 courts in Delhi consume an average duration of one to three years. There is huge gap
between the Blue bars and Other bars on the issue in both the cases.
In 14.4% of the LACs has taken an average time for the conclusion of a case ranging between
three to five years. Other views are not so significant for the average duration for disposal of
case. Three out of 174 respondent consumed an average more time of than 10 years, whereas
another 2.9% respondents have taken an average period ranging between 6 and 9 years.
Position of the average time taken by the LACs in a criminal case is not different from the
average time taken in a a civil case. Bar Chart in case of criminal cases, is almost similar to
the bar chart of the civil cases, where blue bars representing an average duration between
one to three years. Blue bars in case of criminal cases are also evident in a leading positon as
compare to all other bars.
167
No researcher must be misled by the fact that average time taken by the LACs is a reflection
of the quality of decision and protection of the interests of the beneficiaries. It is also observe
that most of the LACs want to conclude legal aid cases as early as possible to get the benefits
of the honorarium in stages and outcome is again not relevant to the payment of honorarium.
Payment of honorarium is not at all related to the duration of the cases but connected to the
stages of various proceedings. This is the main reasons that the LACs are not interested to
prolong the cases beyond a reasonable period of two to three years. It is known to each LAC
that prolonging cases is unlikely to get any fruitful result to them in the long term.
Further research maybe conducted to explore the impact of duration of case involving LAC and
outcome of the decision. Another research may also be carried out to explain the relationship
between the payment of honorarium in stages and average duration of cases involving the LACs.
Whether the payment of honorarium in stages, not connected to the duration of the cases, drives
the LACs to dispose of litigation process as early as possible, thereby compromising the interests
of the beneficiaries.
Table No. 117: Place of Interaction between the LACs and the beneficiaries
Office of Chamber of
Courts Jail Courts Others Total
LSA advocate
Count 1 3 0 4 1 9
New Delhi
% of Total .7% 2.1% .0% 2.8% .7% 6.3%
Count 0 4 0 7 0 11
South East
% of Total .0% 2.8% .0% 4.9% .0% 7.6%
Count 1 1 0 7 2 11
South
% of Total .7% .7% .0% 4.9% 1.4% 7.6%
Count 0 2 0 5 2 9
Central
% of Total .0% 1.4% .0% 3.5% 1.4% 6.3%
Count 1 1 3 1 3 9
West
% of Total .7% .7% 2.1% .7% 2.1% 6.3%
Count 3 2 1 7 3 16
North
% of Total 2.1% 1.4% .7% 4.9% 2.1% 11.1%
Count 4 2 2 11 1 20
Shahadra
% of Total 2.8% 1.4% 1.4% 7.6% .7% 13.9%
168
Count 1 2 1 5 3 12
East
% of Total .7% 1.4% .7% 3.5% 2.1% 8.3%
Count 1 2 1 4 3 11
South West
% of Total .7% 1.4% .7% 2.8% 2.1% 7.6%
Count 2 0 2 4 0 8
High Court
% of Total 1.4% .0% 1.4% 2.8% .0% 5.6%
Count 0 2 4 7 1 14
North East
% of Total .0% 1.4% 2.8% 4.9% .7% 9.7%
Count 2 2 0 5 5 14
North West
% of Total 1.4% 1.4% .0% 3.5% 3.5% 9.7%
Count 16 23 14 67 24 144
Total
% of Total 11.1% 16.0% 9.7% 46.5% 16.7% 100.0%
The above-mentioned table and bar chart display the feedbacks from the LACs on their
interaction with the beneficiaries. The primary data on the issue was collected from 174
LACs but for the purpose of this question and data on ‘no response’ from 30 respondents
have been excluded. Therefore, the said data table and bar chart is displaying responses from
144 LACs only.
Asper the the expression of 46.5%, 67 out of 144 respondents, that the prominent place for
the interaction between the LACs and the beneficiaries is Courts premises during the days
of the scheduled listing of cases involving beneficiaries. Dark Grey Bars displaying the
place of interaction as court complex between the LACs and the beneficiaries are the most
prominent places for the discussion across the State.
16.7% respondents are of the views that the LACs interact with the clients of the legal aid
services in court canteen or tea stall for the discussion of cases. Further another 16% of the
LACs are of the expression that beneficiaries are invited to the chambers of advocates for all
discussion. It is very important to mention that the researcher is not aware of the fact as to
how many empaneled LACs are in the possession of advocate chambers in court campuses
or otherwise. Because advocates chambers are generally allotted to very senior advocates and
senior advocates are hardly available for the legal aid services.
169
Office of the DLSAs (11%) and Jails (9.7%) are the other places where 30 respondents LACs
have interacted with the beneficiaries.
The said primary data may also be a reflection of lack of infrastructure or unwillingness
on the part of the LACs to interface with the beneficiaries. Further research may reveal the
hidden facts about the quality of the interaction between the LACs and the beneficiaries for
protecting the interests of the beneficiaries.
Courts 1-3 hours 4-6 hours 7-10 hours above 10 hours Nil Total
Count 7 0 0 1 1 9
New Delhi
% of Total 4.9% .0% .0% .7% .7% 6.3%
Count 9 1 0 0 1 11
South East
% of Total 6.3% .7% .0% .0% .7% 7.6%
Count 8 0 0 1 2 11
South
% of Total 5.6% .0% .0% .7% 1.4% 7.6%
Count 6 3 0 0 0 9
Central
% of Total 4.2% 2.1% .0% .0% .0% 6.3%
Count 5 1 1 1 1 9
West
% of Total 3.5% .7% .7% .7% .7% 6.3%
Count 11 4 0 0 1 16
North
% of Total 7.6% 2.8% .0% .0% .7% 11.1%
Count 16 3 0 0 1 20
Shahadra
% of Total 11.1% 2.1% .0% .0% .7% 13.9%
Count 9 1 0 2 0 12
East
% of Total 6.3% .7% .0% 1.4% .0% 8.3%
Count 8 1 0 2 0 11
South West
% of Total 5.6% .7% .0% 1.4% .0% 7.6%
Count 3 1 1 3 0 8
High Court
% of Total 2.1% .7% .7% 2.1% .0% 5.6%
Count 9 2 2 1 0 14
North East
% of Total 6.3% 1.4% 1.4% .7% .0% 9.7%
Count 11 2 0 0 1 14
North West
% of Total 7.6% 1.4% .0% .0% .7% 9.7%
For the purpose of analysis of the primary data on average duration of interaction in a
case, this research has not taken into account the ‘No opinion’ category of response from
30 respondents. Around 102 out of 144 Respondents (70.8%) find that average duration of
interaction in a case involving legal aid services, ranges between one to three hours.
Blue bars showing the first category is dominating in all the courts, which is a reflection of
the phenomena of practices prevailing across the State.
170
Whereas 13.2% of the LACs have met the beneficiaries in cases on an average duration
between 3 to 6 hours. Green bars depicting the category is also visible in small numbers in
10 out of 12 Courts in Delhi.
In other categories of average interaction between the parties beyond seven to ten hours
(2.8%) and beyond ten hours (7.6%) is also visible in the table and bar chart. Around 8% of
the LACs did not interact with the beneficiaries because of the fact that they had not been
allotted a single case involving free legal aid services.
Table No. 119: Demanding money from the beneficiaries
Count 0 11 0 11
South West
% of Total .0% 6.3% .0% 6.3%
Count 2 6 7 15
High Court
% of Total 1.1% 3.4% 4.0% 8.6%
Count 0 13 2 15
North East
% of Total .0% 7.5% 1.1% 8.6%
Count 0 16 2 18
North West
% of Total .0% 9.2% 1.1% 10.3%
Count 4 142 28 174
Total
% of Total 2.3% 81.6% 16.1% 100.0%
It is seen that free legal aid services, funded out of public money, to the eligible people, are
provided by the LACs, who are paid honorarium for the services rendered. The beneficiaries
are not liable to make any payment to the LACs or the DLSAs for the free legal services.
The said table and bar charts show the feedbacks of the LACs on demanding money from
the beneficiaries for rendering free legal services. As per the statements of 142 out of 174,
81.2%, LACs, it is found that they have not demanded any money from the beneficiaries for
providing any service under the legal aid system. Bar Char across the courts in 11 districts
and Delhi High Court, is also substantiating the same argument.
Some 16.1% respondents have not expressed any opinion on the issue of demanding money
from the beneficiaries.
About 4 respondents (2.3%) have accepted that they demanded money from the beneficiaries
for the services rendered. As per these respondents, an LAC is required to make initial payment
for the relevant documents & charges and no advance payment is made by the DLSAs at the
time of allocation of cases to the LACs. Thereafter bills and forms are submitted to the
DLSAs for claiming honorarium in stages.
Due to complex, technical, and prolonged process, honorarium is hardly paid in reasonable
time. According to them, payment of honorarium sometimes takes years together. Therefore,
these respondents have been compelled to adopt such a practice for their survival. Even
though there are some concerned with the delayed payment of honorarium to the LACs, but
the justification given for demanding money is unreasonable.
172
Highly Highly
Courts Satisfactory Unsatisfactory No comments Total
Satisfactory Unsatisfactory
Count 2 6 0 0 2 10
New Delhi
% of Total 1.1% 3.4% .0% .0% 1.1% 5.7%
Count 1 8 0 0 5 14
South East
% of Total .6% 4.6% .0% .0% 2.9% 8.0%
Count 1 5 4 1 2 13
South
% of Total .6% 2.9% 2.3% .6% 1.1% 7.5%
Count 0 2 4 1 4 11
Central
% of Total .0% 1.1% 2.3% .6% 2.3% 6.3%
Count 1 5 2 0 4 12
West
% of Total .6% 2.9% 1.1% .0% 2.3% 6.9%
Count 1 7 4 0 4 16
North
% of Total .6% 4.0% 2.3% .0% 2.3% 9.2%
Count 2 6 9 1 6 24
Shahadra
% of Total 1.1% 3.4% 5.2% .6% 3.4% 13.8%
Count 0 6 3 3 3 15
East
% of Total .0% 3.4% 1.7% 1.7% 1.7% 8.6%
Count 0 8 1 0 2 11
South West
% of Total .0% 4.6% .6% .0% 1.1% 6.3%
Count 4 3 1 0 7 15
High Court
% of Total 2.3% 1.7% .6% .0% 4.0% 8.6%
Count 0 2 4 3 6 15
North East
% of Total .0% 1.1% 2.3% 1.7% 3.4% 8.6%
Count 3 3 2 4 6 18
North West
% of Total 1.7% 1.7% 1.1% 2.3% 3.4% 10.3%
Count 15 61 34 13 51 174
Total
% of Total 8.6% 35.1% 19.5% 7.5% 29.3% 100.0%
173
Quantum of honorarium and payment of honorarium for the LACs are the main issues for
providing legal aid services. The data table and bar chart are confined to the issue of payment
making process being practiced by the DLSAs.
As per the opinion of 35.1% respondents, there is no problem in the existing process of
payment of honorarium to the LACs. Green bars, which are visible, also highlight such
satisfaction level with a variance, in all the courts. About 8% of the respondents are highly
satisfied with the process of paying honorarium to the LACs,
Another batch of 29.3% respondents were not sure about quality of process for making
payment to the LACs. About 19.5% respondents are not satisfied with the process of making
payment because of undue delay in making payment and technicality of the process. Further
7.5% of the LACs are highly unsatisfied from the technical and prolonged process of paying
honorarium.
Count 7 3 0 0 0 10
New Delhi
% of Total 4.0% 1.7% .0% .0% .0% 5.7%
Count 2 9 0 0 3 14
South East
% of Total 1.1% 5.2% .0% .0% 1.7% 8.0%
Count 4 3 4 0 2 13
South
% of Total 2.3% 1.7% 2.3% .0% 1.1% 7.5%
Count 5 3 2 0 1 11
Central
% of Total 2.9% 1.7% 1.1% .0% .6% 6.3%
Count 2 5 3 0 2 12
West
% of Total 1.1% 2.9% 1.7% .0% 1.1% 6.9%
Count 5 8 0 1 2 16
North
% of Total 2.9% 4.6% .0% .6% 1.1% 9.2%
Count 8 9 1 0 6 24
Shahadra
% of Total 4.6% 5.2% .6% .0% 3.4% 13.8%
Count 7 3 1 0 4 15
East
% of Total 4.0% 1.7% .6% .0% 2.3% 8.6%
Count 3 5 2 0 1 11
South West
% of Total 1.7% 2.9% 1.1% .0% .6% 6.3%
High Count 5 3 0 0 7 15
Court % of Total 2.9% 1.7% .0% .0% 4.0% 8.6%
Count 7 3 4 0 1 15
North East
% of Total 4.0% 1.7% 2.3% .0% .6% 8.6%
Count 3 9 1 1 4 18
North West
% of Total 1.7% 5.2% .6% .6% 2.3% 10.3%
Count 58 63 18 2 33 174
Total
% of Total 33.3% 36.2% 10.3% 1.1% 19.0% 100.0%
174
In the data table, interested party, the LACs, are involved in the assessment of their own
professional skills. It also involves conflicts of interest. This Research is also designed to
compare subjective assessment of their skill by the LACs and objective evaluation of the
professional skills of the LACs at the hands of other stakeholders such as judicial officers,
regulators and the beneficiaries.
About 33.3% of the respondents feel that they have very degree of arguments skills. Whereas
another 36.2% find their argument skills are better. However, 10.3% (fair), 1.1% (bad) and
19% (very bad) are the other considerate opinions of the LACs. Therefore, as per their own
assessment, more than 69.5%LACs are above average in case of argument skills.
Similarly, as a repetition of the earlier data table on argument skills, more than 68.4% of the
respondents feel that their articulation skills are of above average standards. Around 20.7%
of the respondents have acknowledged that their articulation or presentation skills are below
average and they need to improve upon their skills for providing quality legal aid services.
175
Around 9.2% LACs are of the view that their articulation skill for the legal aid services is of
average caliber. Further 1.7% of the respondents feel that their articulation skills are of bad
degree.
About 70.1% (33.3% very good and 36.8% good) of the LACs find their drafting skills of
very degree. Whereas 20.7% of the respondents have sincerely accepted that, their drafting
skills are very bad. Around 9.1% LACs are of the informed opinion that they are just average
and good at drafting skills for providing legal aid services effectively.
It is also seen that the LACs have marked their professional skills such as arguments,
articulation and drafting at a high degree of services. More than 60% respondents in these
categories have assessed their skills are above average. Final analysis of the competency of
the LACs has been done with the help of the feedbacks from the judicial officers, beneficiaries
and regulators of the legal aid services.
176
It is visible from the data that 24.7% respondents are of the belief that they are very good at
all professional skills. Similarly, another 31% of the LACs are under impression that they
possess good professional skills for performing legal aid services and providing quality legal
aid services to the beneficiaries.
About 40.8% of the LACs find themselves at the bottom of the professional skills scale for
providing quality legal aid services. Another 2.9% respondents have accepted they are just
average in professional skills need for the legal profession.
No
Courts Yes No Total
comments
Count 3 2 5 10
New Delhi
% of Total 1.7% 1.1% 2.9% 5.7%
177
Count 1 5 8 14
South East
% of Total .6% 2.9% 4.6% 8.0%
Count 4 3 6 13
South
% of Total 2.3% 1.7% 3.4% 7.5%
Count 0 4 7 11
Central
% of Total .0% 2.3% 4.0% 6.3%
Count 3 4 5 12
West
% of Total 1.7% 2.3% 2.9% 6.9%
Count 4 6 6 16
North
% of Total 2.3% 3.4% 3.4% 9.2%
Count 4 8 12 24
Shahadra
% of Total 2.3% 4.6% 6.9% 13.8%
Count 3 3 9 15
East
% of Total 1.7% 1.7% 5.2% 8.6%
Count 1 3 7 11
South West
% of Total .6% 1.7% 4.0% 6.3%
Count 4 4 7 15
High Court
% of Total 2.3% 2.3% 4.0% 8.6%
Count 3 7 5 15
North East
% of Total 1.7% 4.0% 2.9% 8.6%
Count 2 4 12 18
North West
% of Total 1.1% 2.3% 6.9% 10.3%
Count 32 53 89 174
Total
% of Total 18.4% 30.5% 51.1% 100.0%
In order to find out as to whether the services of the LACs were subject to some kind of
scrutiny by the judicial officers or the beneficiaries, the specific question has been addressed
to the LACs. About 51.1% of the LACs have shown their inability to reply to the question.
Another 30% of the respondents have acknowledged that their services are not subject to any
kind of scrutiny at the hands of the judicial officers and beneficiaries of the legal aid services.
Approximately, 18.4% respondents LACs are of the views that their services are subject to
the assessment by the beneficiaries and judicial officers at regular intervals. In real practice,
hardly any such feedback scheme have been announced by any agency of the legal aid
services in Delhi.
Table No. 126: Creation of a full time empanelment for the LACs
Highly Not No
Courts Recommended Total
Recommend Recommend comments
New Count 5 3 1 1 10
Delhi % of Total 2.9% 1.7% .6% .6% 5.7%
South Count 3 5 1 5 14
East % of Total 1.7% 2.9% .6% 2.9% 8.0%
Count 3 4 1 5 13
South
% of Total 1.7% 2.3% .6% 2.9% 7.5%
178
Count 5 3 0 3 11
Central
% of Total 2.9% 1.7% .0% 1.7% 6.3%
Count 5 3 2 2 12
West
% of Total 2.9% 1.7% 1.1% 1.1% 6.9%
Count 6 6 2 2 16
North
% of Total 3.4% 3.4% 1.1% 1.1% 9.2%
Count 7 9 3 5 24
Shahadra
% of Total 4.0% 5.2% 1.7% 2.9% 13.8%
Count 4 6 2 3 15
East
% of Total 2.3% 3.4% 1.1% 1.7% 8.6%
South Count 6 4 0 1 11
West % of Total 3.4% 2.3% .0% .6% 6.3%
High Count 6 2 0 7 15
Court % of Total 3.4% 1.1% .0% 4.0% 8.6%
North Count 5 6 0 4 15
East % of Total 2.9% 3.4% .0% 2.3% 8.6%
North Count 6 5 1 6 18
West % of Total 3.4% 2.9% .6% 3.4% 10.3%
Count 61 56 13 44 174
Total
% of Total 35.1% 32.2% 7.5% 25.3% 100.0%
This specific question to know the feedbacks of the LACs on creation of a system where LACs
may engaged on full time tenure basis, for providing legal aid services, was administered.
The LACs, in advance, were also informed about the proposed scheme and the benefits
arising out of the scheme.
179
About 35.1% of the respondents are of the belief that such a scheme would certainly enhance
the quality of services of the legal aid system. These LACs have highly recommended that
implementation such a scheme. Similarly, 32.2% of the LACs have also recommended the
creation of such a scheme where the LACs can be empaneled on full time basis. As per the
blue and green bars in the bar chart, majority of the LACs in the specified 12 Courts also
supports the said recommendations.
Despite the fact that the LACs before recording the responses were briefed about the proposed
framework and benefits of such a scheme, about 25.5% of the respondents were confused and
reluctant to provide any specific opinion on the question. The ‘No Comment’ category shown
by grey bars in the bar chart is also seen in most of the courts in Delhi Whereas 7.5% LACs
are of the expression that such a scheme is unlikely to make any difference to the existing
state of affairs of the legal aid services. Therefore, these respondents have not recommended
the proposed scheme.
Table No. 127: Major difficulties faced by the LACs while dealing
with legal aid services
Count 5 0 0 3 2 0 10
New Delhi
% of Total 2.9% .0% .0% 1.7% 1.1% .0% 5.7%
Count 6 3 3 2 0 0 14
South East
% of Total 3.4% 1.7% 1.7% 1.1% .0% .0% 8.0%
Count 9 1 0 3 0 0 13
South
% of Total 5.2% .6% .0% 1.7% .0% .0% 7.5%
Count 5 1 1 4 0 0 11
Central
% of Total 2.9% .6% .6% 2.3% .0% .0% 6.3%
Count 5 2 1 2 0 2 12
West
% of Total 2.9% 1.1% .6% 1.1% .0% 1.1% 6.9%
Count 6 2 2 5 0 1 16
North
% of Total 3.4% 1.1% 1.1% 2.9% .0% .6% 9.2%
Count 7 7 3 6 0 1 24
Shahadra
% of Total 4.0% 4.0% 1.7% 3.4% .0% .6% 13.8%
Count 9 2 1 1 0 2 15
East
% of Total 5.2% 1.1% .6% .6% .0% 1.1% 8.6%
Count 6 1 3 1 0 0 11
South West
% of Total 3.4% .6% 1.7% .6% .0% .0% 6.3%
Count 13 0 1 1 0 0 15
High Court
% of Total 7.5% .0% .6% .6% .0% .0% 8.6%
Count 4 2 4 5 0 0 15
North East
% of Total 2.3% 1.1% 2.3% 2.9% .0% .0% 8.6%
Count 9 4 0 5 0 0 18
North West
% of Total 5.2% 2.3% .0% 2.9% .0% .0% 10.3%
Count 84 25 19 38 2 6 174
Total
% of Total 48.3% 14.4% 10.9% 21.8% 1.1% 3.4% 100.0%
180
This open-ended question was raised to inquire into the aspect of main problems faced by the
LACs, when they interact with the beneficiaries of the legal aid services in Delhi. The Data
table has taken into consideration only main issues affecting the LACs.
Around 48.3% of the LACs have not expressed anything on the difficulties faced by the while
interacting with the beneficiaries. Another good number of 21.8% respondents have blamed
the attitude of the beneficiaries for the low quality of interface between them. As per these
LACs, beneficiaries have unreasonable high expectation from the legal aid system. In cases
where such relief is not provide by the courts, they blame the LACs for the failure.
Approximately, 14.4 % respondents are of the opinion that low quantum of honorarium
and unreasonable delay in making payment to the LACs are the main causes of low quality
of services and lack of discussion between the parties. 10.9% of the respondents feel that
judicial officers do not respect and provide due care in case of legal aid services, which have
also affected the moral of the LACs and responsible for the state of affairs..
Table No. 128: Recommendations by the LACs for the quality of legal aid services
Count 7 1 2 0 0 0 0 10
New Delhi
% of Total 4.0% .6% 1.1% .0% .0% .0% .0% 5.7%
South Count 9 2 2 0 0 1 0 14
East % of Total 5.2% 1.1% 1.1% .0% .0% .6% .0% 8.0%
Count 9 2 1 0 0 0 1 13
South
% of Total 5.2% 1.1% .6% .0% .0% .0% .6% 7.5%
Count 8 0 2 1 0 0 0 11
Central
% of Total 4.6% .0% 1.1% .6% .0% .0% .0% 6.3%
Count 5 1 2 1 0 0 3 12
West
% of Total 2.9% .6% 1.1% .6% .0% .0% 1.7% 6.9%
Count 12 3 1 0 0 0 0 16
North
% of Total 6.9% 1.7% .6% .0% .0% .0% .0% 9.2%
Count 12 4 2 3 0 0 3 24
Shahadra
% of Total 6.9% 2.3% 1.1% 1.7% .0% .0% 1.7% 13.8%
Count 13 0 2 0 0 0 0 15
East
% of Total 7.5% .0% 1.1% .0% .0% .0% .0% 8.6%
South Count 9 0 1 0 0 0 1 11
West % of Total 5.2% .0% .6% .0% .0% .0% .6% 6.3%
High Count 13 0 1 1 0 0 0 15
Court % of Total 7.5% .0% .6% .6% .0% .0% .0% 8.6%
North Count 9 2 0 0 0 0 4 15
East % of Total 5.2% 1.1% .0% .0% .0% .0% 2.3% 8.6%
North Count 10 3 0 0 2 0 3 18
West % of Total 5.7% 1.7% .0% .0% 1.1% .0% 1.7% 10.3%
Count 116 18 16 6 2 1 15 174
Total
% of Total 66.7% 10.3% 9.2% 3.4% 1.1% .6% 8.6% 100.0%
Researcher is of the opinion that the LACs are in a better positon to diagnose the treat the
hindrances in the operations of the legal aid services. This open-ended question was framed
to record the possible remedies of the problems faced by the LACs during the course of the
empanelment in 12 Courts in Delhi.
181
It is very strange that 66.7% of the LACs have not shown any interest in the issues of
promoting the legal aid services. These respondents were reluctant to make any observation
on the remedial measures to improve upon the quality of legal aid services.
10.3% of the responded recommend that the quantum of the honorarium must be increase
in addition to the regular payment without any undue delay. Another 9.2 % of the LACs
feel that regular orientation and proper guidance in case of difficulties in legal aid cases
should also be provided to them at regular intervals. A small number of the respondents,
1.1% (improvement in competency), 8.6% (others, process of empanelment, IT facilities etc)
and .6% (transparency case allocation) have suggested to take care of transparency in the
administration of the DLSAs.
Chapter IX
Assessment of the Competency and
Commitments of the LACs
The main research questions, which have been framed to explain and explore the quality of
legal aid services provided by the LACs, have focused on the competency and commitments
of the LACs and its impact on the quality of legal aid services. Therefore in order to evaluate
the competency and devotion, based on some fixed parameters, of the LACs, it is important to
take into account the feedbacks with comparative analyse, from all the important stakeholders
such as the beneficiaries, judicial officers, and the regulators of the legal aid services in 12
Courts in Delhi. This research has attempted to provide authentic and accurate representation
of data in each category of the respondents with the support of stratified sampling method in
the universe for the research.
The researcher also does the assessment of the quality of the argument skill of the LACs.
Researcher also witnessed the proceedings in civil and criminal cases involving legal aid
services. Research has also taken into account the quality of argument raised before a judicial
officers and appreciation or non-appreciation of those arguments by the judicial officers in 11
Districts’ and Delhi High Court. Researcher has also noted down the remarks of the judicial
officers on the drafting skills and articulation skills of the LACs during the course of the
research.
The research has selected the pertinent data from each category of the respondents to scrutinize
the feedbacks for the purpose of the assessment of the competency and commitments of the
legal aid services provide by the LACs. The research has distributed the primary data into
two broad categories of Competency factors and Commitment parameters for the purpose of
the analysis.
Count 58 63 18 2 33 174
LACs
% of Total 33.3% 36.2% 10.3% 1.1% 19.0% 100.0%
Count 3 5 3 0 0 11
Regulators
% of Total 27.3% 45.5% 27.3% 0 0 100.0%
It is seen that assessment of the quality argument skill of the LACs at the hands of the
interested parties such as the LACs and regulators of the legal aid services, have graded this
skill above overage for the majority of the LACs. Around 08 out of 12 Regulators, 72.8%,
who are responsible for the empanelment of the LACs, are of the assessments that the most of
the LACs are above average and none is below average in the quality of the argument skills.
About 69.5% LACs, while evaluating their argument skills, have rated them above average.
Whereas hardly 20% the LACs as their own estimations, are said to be below average, which
is contrast to the observations of the Regulators.
Now let’s observe the assessment of the quality of argument skills of the LACs by the
disinterested parties like the beneficiaries and the judicial officers. 55.9% of the beneficiaries
are of the considerate views that the quality of argument skill of the LACs is below average.
21.7% of the respondents in the same category feel that the LACs are just average in their
skills. Further the 62.4% of the judicial officers in 12 courts find that the argument skill of the
LACs is just average. Same category of the respondents also feels that 16.1% of the LACs
are below average in their argument skills.
The researcher have also evaluate the assessment of the quality of the argument skill of the
LACs. Researcher, besides recording the feedbacks from the respondents, also witnessed the
proceedings in civil and criminal cases involving legal aid services. Research has also taken
into account the quality of argument raised before a judicial officers and appreciation or non-
appreciation of those arguments by the judicial officers in 11 Districts’ and Delhi High Court.
It is observed by the researcher that low skill in English language is an impediment in the
quality of the argument skills of most of the LACs across the State.
Count 58 61 16 3 36 174
LACs
% of Total 33.3% 35.1% 9.2% 1.7% 20.7% 100.0%
Count 0 8 3 0 0 11
Regulators
% of Total 0 72.7% 27.3% 0 0 100.0%
As per the assessment of the 61.8% judicial officers in civil and criminals, who have rich
experiences of dealing with the legal aid cases, LACs are just average in case of articulation
skill. Whereas around 18.5% of the judges have found it to be below average. In case of
62.3% beneficiaries of the legal aid services, it is learnt that most of the LACs are below the
standards bar in case of articulation skill.
As per the estimate of the LACs about their articulation skill, it is observe that 68.4% LACs
are above average in the quality of articulation skills across 12 Courts in Delhi. Further
as per the expression of the LACs, about 22.4% LACs are far below the standard skill of
articulation. Around 72.7% Regulators of the DLSAs consider that LACs are good at the
articulation skills and there is not a single LAC below the standards of such professional
skills. Whereas the LACs themselves have opined that 22.4% of the LACs are below average
in the specific skill.
Judicial officers who deal with the articulation skills of the LACs are in a better positon to
make a fair and authentic assessment of the skills of the LACs. Similarly, the beneficiaries
of eh legal aid services, who are affected by the nature of professional skills of LAC seem
quite logical in their evaluation of the skills of the LACs. It may also logically be inferred that
the articulation skill of majority of the LACs is hovering around average and below average
parameters.
It is again surprising to observe that assessment of the drafting skills of the LACs, where
54.5% of the regulators are of the opinion that LACs are good at the drafting of the relevant
documents needed for providing legal aid services to the beneficiaries. Another 45.5% have
felt that the drafting skills of the LACs are just fair or average and none is figured in the
columns of bad and very bad categories. 70.1% of the respondent LACs are not far behind
in appreciating their drafting skills of above average grade. Approximately, 21.8% LACs are
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of the views that they need to improve upon their drafting skills at par with other competent
legal practitioners.
The consumer of the legal aid services, the beneficiaries is very important to evaluate the
quality of products of the LACs. About 62.6%, of the beneficiaries find that the drafting skills
of the LACs are below average, average and above average, respectively. About 50.3% of the
judicial officers recognize the drafting skills of the LACs of average caliber. Further, 28.9%
of of the respondents in the same category pronounce that the LACs are below average for
the drafting skills.
The assessment of the drafting skills the LACs by the LACs and regulators is amazing,
wherein, majority of the LACs are of above average caliber in drafting skills. As per the
inputs from the the judicial officers and the beneficiaries, that majority of the LACs are below
average in drafting skills.
Assessment of the professional skills such as language skills, articulation and drafting skills
has been the broad parameters of the competency of legal aid counsels. as per the data table
showing overall professional competency of the LACs, 49.7% judicial officers, and 54.5%
regulators indicates that majority of the LACs are of average professional skills. As per the
appraisal of 22.8% Beneficiaries, the LACs possess above average professional skills.
Self-appraisal of 55.7% LACs of their professional skills estimate that the LACs have above
average professional skills for providing legal aid services.
Around 41.4% LACs, 26.1% judicial officers and 66.9% beneficiaries are of the considered
appraisal that overall professional skills of the LACs are below satisfaction level. Finally,
majority of the beneficiaries, judicial officers, and regulators have felt that the LACs are
hovering around average in case of professional skills needed for providing quality legal aid
services.
Table No. 130: Comparative Analyse on Quality of Professional Skills: LACs & PLPs
by Judicial officers
Count 1 98 51 6 17 173
PLPs
% of Total .6% 56.6% 29.5% 3.5% 9.8% 100.0%
Count 1 35 87 40 10 173
LACs
% of Total .6% 20.2% 50.3% 23.1% 5.8% 100.0%
A comparative examination of the skills between the LACs and the Private Legal practitioners
(PLPs) is also necessary to appraise the professional efficiency of the LACs. Primary data
showing the comparative inquiry between the LACs and PLPs is based upon the assessment
of the judicial officers in civil and criminal courts in Delhi.
As per the opinion of 61.8% judicial officers interviewed for the empirical research, LACs
are just fair in case of argument (language) skill. Whereas 54.9% of the judicial officers find
the quality of argument skills of the PLPs of above average degree. It is inferred from the
analysis that majority of the LACs are covered under the average category, whereas majority
of the PLPs represent the above average category of skills. Assessment for the below average
and above average categories for the PLPs and LACs shows that the PLPs are better placed
and skillful as compared to the LACs.
In case of the drafting skills, as per the considered views of the majority of the judicial
officers, 56.6% in case of PLPs and 50.3% for LACs, that the PLPs are good at drafting skills
and LACs are average in the same skill. A combination of good and very good categories of
drafting skills in case of PLPs have outnumbered, with a huge gap, the same combination
for the LACs. The position of below average categories in both the cases is no different from
the above average category.
Primary data related to the estimation of the judicial officers on the overall skills of the
PLPs and the LACs is also repeating and reiterating the positon of other tables. Majority
of the respondents, about 59.5% judicial officers for the PLPs (representing above
average category) and 49.7% judicial officers in case of the LACs, (representing average
category) feel that the PLPs are better skilled than the LACs. It is also visible from the
data provided by the judicial officers that the professional skills in the below average
(26.2% LACs & 11.5% PLPs) and above average categories (24.3% LACs & 63% PLPs)
of the PLPs and the LACs, is clearly conquered by the PLPs. There is a widespread
gap between the professional skills of the PLPs and LACs for providing quality legal
services. This is the main justification for the people to prefer the PLPs to the LACs for
legal services.
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This research has not only focused on the assessment of the professional skills of the LACs
from the authentic and representative stakeholders but also from ‘women who were entitled
to free legal aid services but did not willingly avail the benefits’ of such services. This
research has also examined the perception of the women respondents of the specific category
for not opting the free services of the LACs and giving preference to the paid services of the
PLPs.
It is evident from the above mentioned table on ‘reasons for not opting for the LACs’ that 218
out of 1039 respondents (21%), because of lack of competency of the LACs, did not engage
the LACs for her disputes/claims in family courts and other specialised courts for women.
Further, 535 out of 1039, 51.50% women respondents of the said category have not faith in
the quality of the operations of the LACs and legal aid services. Therefore, most of the the
women, who were entitled to free legal aid, but did not opt for these services and engaged
paid services through the PLPs,.
The Second data table on the appointment of the PLPs over the LACs for legal services
is an important valuable input from the women respondents. As per the opinions of these
respondents, 975 out of 1039, 93.7%, preferred a private legal practitioners for the desired
legal services. It is logically assumed from the above-mentioned two tables that women, who
are eligible for the free legal services, do not trust the quality of the services the LACs and
ready to pay for the quality legal services in the form of the PLPs.
Count 34 11 3 48
Judicial officers
% of Total 70.8% 22.9% 6.3% 100.0%
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The said data through open-ended question has been collected from the judicial officers.
It is observed that 34 out 48 judicial officers feel that the professional skills are the main
hindrances in the quality of legal aid services. As per them, this is the main factor for the low
rate of trust over the legal aid services by people. Judicial officers also face difficulties in
dealing with the low quality of arguments, drafting and articulation skills. Sometimes judicial
officers involve themselves in the litigation process for the protection of the interests of poor
beneficiaries.
Hostile
Strongly Partially Not to the
Respondents Others Total
devoted deviated devoted objectives
of LAS
As per the assessment of the judicial officers and beneficiaries, the most of the LACs are
partial devoted or not at all devoted to the mandate of the legal aid services. Most of the
beneficiaries (51% not devoted and 18.5% partially deviated) feels that the LACs do not treat
the legal services their priorities. As per the feedbacks from 25.5% beneficiaries and 12.1%
judicial officers, LACs are devoted to the causes of the legal aid services.
Lack of devotion is probably due to the nature of the engagement of the LACs and the
better quantum of honorarium involved in the private practice as compared to the legal aid
services. The following data table recording feedbacks from the regulators, where some of
the regulators have agreed that LACs are occupied with private practice, indicate that there
exists a low rate of interaction between the LACs and beneficiaries.
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Count 1 5 3 2 11
Regulators
% of Total 9.1% 45.5% 27.3% 18.2% 100.0%
Count 83 24 9 22 35 173
Judicial
officers % of
48.0% 13.9% 5.2% 12.7% 20.2% 100.0%
Total
55.2%, 387 out of 702 Beneficiaries respondents in 12 Courts, when responding to a question
on difficulties faced by them while interacting with the LACs, are of the views that the LACs
are not so keen to interact with them and preoccupied with their private practices. It is also
observed by the beneficiaries that most of the LACs give property to the private practice over
the legal aid services.
Further, 53.2% of the judicial officers blame the LACs for the lack of commitment towards
the beneficiaries. As per these 48% (occupied with private practice) and 5.2% (attitude of the
LACs), respondents, have considered that LACs are hardly interested in the protection of the
interests of the beneficiaries.
Reasons given by the Beneficiaries for opting for Legal aid services
Friend/
No resources Quality
Relative No
Respondents to engage of legal Others Total
advised opinion
private lawyer services
from LAS
The above-mentioned data table is reflecting the opinion of the beneficiaries opting for the legal
aid services. It is seen from the data that more than 90% of the beneficiaries do not trust the
quality and commitments of the LACs. They approach the legal aid system under compulsion.
As per 674 out of 702 respondents in 12 Courts that if they had resources to engage private
practitioners for their cases, they would not have opted for the legal aid services.
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Not
Lack of No
Respondents aware No Complex
Compe- commitment Others Total
of the Faith process
tency and sincerity
process
It is also evident from the above mentioned data tables that women respondents who were
entitled to get free legal aid services, did not approach the legal aid system for their disputes/
claims in family and specified courts for women in 12 courts in Delhi. They have engaged
private practitioner for their cases. It is pertinent to mention that they had ignored the free
services and had employed paid private practitioners. This is a reflection of the low quality of
trust of such respondents over the LACs.
It is also visible from the data table on justification for appointing private legal practitioners,
that 93.8%, 975 out of 1039 women respondents of the specific category in 12 Courts have
considered the paid services of the private legal practitioners over the free services of the
LACs. The Quality of competency and commitments of the private legal practitioners is the
main consideration for such arrangement, which is missing in case of the LACs.
It is pertinent to note that legal aid to the specified beneficiaries are provided free of charges.
A beneficiary of the legal aid services is not required to pay any consideration for the services
rendered. The LACs providing free legal services are paid prescribed honorarium in stages
for defending the interests of the beneficiaries.
However, in actual practice, it is happening otherwise. Asper the opinion of 260, 37% of the
beneficiaries’ respondents, the LACs demanded money for providing legal aid services to
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the beneficiaries. The above-mentioned data coupled with other feedbacks from the judicial
officers on demanding money is a true reflection of the degree of commitments of the LACs
toward the legal aid system.
It is evident from the responses of the Beneficiaries of the legal aid services that the most
of the existing beneficiaries are not interested to opt for the free legal aid services in future
for any dispute or claim. About 49.6% respondents have felt that if they have resources to
engage a private legal practitioner then they would not opt for the services.
Further 39.5% of the respondents are of the opinions that they would never approach the
free legal aid service system because of the lack of commitment of the LACs. Around 11%
beneficiaries have not expressed any views on the issue.
Count 6 4 1 11
Total
% of Total 54.5% 36.4% 9.1% 100.0%
The Table on complaints/grievances of the beneficiaries against the LACs filed before the
Regulators shows that 6 out of 11 regulators have accepted they have received complaints
against the LACs for not prepared for the arguments and thereby compromising with
the quality and commitment of legal aid services. Further 4 out 11 regulators have also
acknowledged that the LACs are not punctual in attending litigation proceedings involving
legal aid beneficiaries.
It is also seen from the data that 90.9 % of the regulators have accepted that the LACs are not very
committed in their operations while dealing with the legal aid cases.
Count 3 27 6 15 25 3 79
Total % of
3.8% 34.2% 7.6% 19.0% 31.6% 3.8% 100.0%
Total
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Primary data in the above mentioned tables on the nature of complaints filed by the
beneficiaries against the LACs to the judicial officers and judicial officers to the Regulators,
show the grounds, where the LACs failed to live up to the expectation of the legal aid
services, concerning the lack of commitments of the LACs. 27 out of 79 Beneficiaries, and
23 out 43 Judicial officers were of the belief the LACs are hardly available for the arguments
for such cases.
Further, 25 out of 79 respondents, who did file formal or informal complaint against the LACs
to the judicial officers, felt that the LACs demand money for providing free legal aid services
to them.9 out of 43 judicial officers have also accepted that they file some complaint on money
demanded by the LACs to the regulators.
Lack of devotion of the LACs is also apparent from the fact that numerous complaints on
some important issues such as not raising good arguments, deputing juniors, & not time to
interact with the beneficiaries, have also been filed.
Count 83 24 9 22 35 173
Judicial Officers
% of Total 48.0% 13.9% 5.2% 12.7% 20.2% 100.0%
As per the opinions of 48% of judicial officers in 12 Courts, while responding to a question
on difficulties faced by the beneficiaries in availing legal aid services of the LACs, LACs are
preoccupied with their private practices and had hardly any time left for the legal aid services.
Some 13.9% judges have also blamed the beneficiaries for having very high unreasonable
expectation form the LACs.
Further, another 5.2% of the judicial officers felt that LACs are very casual in their approaches
while handling legal aid cases as compared to their private cases. About 20.2% judicial
officers are also of the opinion that lack of accountability of the LACs is one of the main
reasons for the state of affairs of the commitments of the LACs.
Major issues faced by the beneficiaries while availing the services of the
LACs
No No LSA office Money
Total
Respondents Comments Commitment inaction demanded
It is visible from the data that the LACs are hardly trusted for their commitments for the
protection of the interests of the beneficiaries. In case of this specific open-ended question,
128 out of 702 respondents have felt that LACs are not committed and this is one of the main
reasons for the disinclination toward opting the legal aid services. Another 6.7 % have felt
that the LACs are interested in monetary benefits rather than the protection of the interests
of beneficiaries.
Data collected from the LACs also show that their assurances to the legal aid services is
part time only. The nature of the empanelment, where the LACs are empaneled on ad-hoc
basis, cant be is responsible to ensure the full commitment of the LACs toward the legal aid
services. Some 23 % of the LACs spend most of their available time on legal aid services.
Time Spend in a week (Average hours) for the legal aid services
Respondents 1-5 6-9 10-15 Above 15 Nil Total
Count 50 31 27 45 21 174
LACs
% of Total 28.7% 17.8% 15.5% 25.9% 12.1% 100.0%
Above-mentioned data tables on the average time spent by the LACs on legal aid practices
and private practice show that average consumed by the most of the LACs on legal aid
services is less than 15 hours in a week, whereas average time taken by the LACs in case of
private practice is more than 20 hours.
About 63 percent of the LACs in case of private practices have spent an average time more
than 21 hours in a week. It is also important to observe that the minimum average of the
private cases is the highest average of the legal aid cases.
Count 16 23 14 67 24 144
LACs
% of Total 11.1% 16.0% 9.7% 46.5% 16.7% 100.0%
As per the said table, it is a matter of fact that courts, during the course of listing of cases on
specified days, are the main place of interaction with the beneficiaries. In more than 50%
respondents LACs, the place of meeting was courts and food courts. The LACs are hardly
available for any briefing on other days beyond the listing of cases schedule. The table data
is a reflection of the commitment and availability of the LACs for beneficiaries.
Hypothesis No: 7. Ineffective control/monitoring over the LACs has resulted in the poor
quality of legal aid services.
It is noticed that the existing system of ensuring accountability of the LACs, where LACs
may be warned, replaced, or removed in exceptional cases, is not very effective. In case of
removal, prior permission by the DLSAs from the DSLSA is also taken. The DSLSA or the
Bar Council of Delhi or Bar Council of India has hardly punished any LAC, demanding money
from the beneficiaries, which is a serious misconduct on the part of any legal practitioners,
proportionately.
Further, the LACs may resign or refuse to entertain the allotted case or withdraw at any point
of time from the list of empanelment. In such instances, the regulator of the legal aid services
are helpless. The Beneficiaries are the most suffers in such contingencies.
As per the NALSA Regulation 2010, each legal aid authority and committee is supposed
to constitute a committee to monitor the conducts and progress of the cases allotted to the
LACs. However, in practice, during the course of my research, such committees/authorities
were hardly created by any legal services authorities or committee in 12 Courts in Delhi.
Lack of accountability and lack of effective monitoring over the LACs, has led to
encouragement of the LACs to be casual in their approaches while dealing with the legal aid
beneficiaries. Due to non-performance of the LACs, beneficiaries are feeling dejected and
stranded for seeking legal aid services.
It is also visible from the following data tables on the suggestions/recommendations for
the improvement in the legal aid services, that the judicial officers and beneficiaries give
priority to ensure the accountability of the LACs. The responses from the judicial officers and
beneficiaries to the open-ended questions show that these stakeholders are seriously affected
by the non-performance of the LACs.
Judicial Count 19 8 8 5 10 3 53
officers % of Total 35.8% 15.1% 15.1% 9.4% 18.9% 5.7% 100.0%
10 out of 54 Judicial officers, who had responded the open ended question, has recommended
that proper monitoring and accountability of the LACs is one of the requisite conditions for
providing quality legal aid services. Other means of ensuring competency and commitments
of the LACs, as suggested by the judicial officers and the beneficiaries include regular feed
backs about the services of the LACs, proper appointment, skill development training.
It is a matter fact that no stakeholders such as the regulators, judicial officers and the
beneficiaries are in a position to regulate the activities of the LACs for providing quality legal
aid services. Further, the feedbacks from the women respondents, more than 900 respondents,
that these respondents engaged private legal practitioners because of the fact that the LACs
196
are incompetent and lack devotion towards the legal aid services. Respondents, who were
entitled to free legal aid services, did opt for the paid services of private legal practioners.
It is also pertinent that there is no dearth of resources in the legal aid services system.
Nevertheless, there is a dearth of availability of the quality legal practitioners for the legal
aid services. Further, the existing regulatory framework is also ineffective in ensuring
accountability of the LACs. Nobody can deny the fact that the lack of commitments and
lack of effective controlling mechanism over the operations of the LACs have led to the
deterioration in the services and trust deficit between the beneficiaries and the LACs.
Chapter X
Findings and Recommendations of the Research
There is no dearth of statutory instruments in the form of the Constitution of India and the
Legal Services Authorities Act, 1987 and other subordinate legislations for empowering
people to have access to courts through the instruments of Legal Aid Services System (LASS)
across the Nation. The LASS provides for informal process and free access to free legal aid
services in various forms to the specified beneficiaries.
The Central Government and State Governments have been allocating hundreds of crore
of rupees on the legal aid services in India. However, the ground realities depict a shoddy
picture of the legal aid programme. People do not trust the services of legal practioners
provided under the programme due to various contributing factors, which have also been
acknowledged by the Apex Judiciary of India in catena of cases.
Legal aid system is not functioning effectively and not catering to the requirements of the
beneficiaries. Legal aid services provided by the empaneled legal practitioners are free of any
charges but people in majority are reluctant to approach free legal aid authorities for availing
such services. The programme, even after spending huge resources, has not been able to
achieve the objectives, for which the system of legal aid has been created in India. The need
of the hour is to generate trust of people by making the system efficient and effective.
The researcher has examined, both, primary and secondary sources of data concerning the
legal aid services. The secondary data includes the relevant provisions of the Constitutional
Law, the Legal services Authorities Act, 1987, the Order 33 of the Code of Civil Procedure,
1908, Section 304 of the Criminal Procedure Code, 1973, the National Legal Services
Authority (Free and Competent Legal Services) Regulations, 2010, and National Legal
Services Authority (Legal Aid Clinics) Regulations, 2011, for the purpose of explaining and
exploring the quality of legal aid services rendered by the LACs in Delhi.
A pilot study was also carried out to scrutinize the quality of legal aid services provided by
the Legal Aid Counsels (hereinafter LACs) under the Legal Aid Services System (hereinafter
as LASS) in the South West District Court, Dwarka. Researcher also consulted with the
judicial officers dealing with civil and criminal offences at District Courts and High Courts,
LACs, Regulators (Member Secretaries), beneficiaries of legal aid services, NGOs involved
in supporting LASS and women Beneficiaries who were eligible for free legal aid services
but did not opt for the free legal services.
Researcher has conducted An Empirical Research on the Commitments and Competency of
Legal Aid Counsels (LACs) under the UGC Research in Law 2012-14 in 11 Districts of State
of Delhi, and Delhi High Court. Initially researcher, tried to collect primary data from from
legal aid counsels, judges, beneficiaries, regulators and women beneficiaries who had not
opted for the legal services, despite the fact that women are entitled to free legal aid services
irrespective in income limits. Nevertheless, due to rigidity of access to the Supreme Court,
we could not proceed further. For the purpose of the said empirical research and collection of
primary data, researcher have framed 05 questionnaires- beneficiaries, Legal Aid Counsels
(LAC), Regulators of Legal Aid services, Juridical officers and those people (women) who
were entitled to legal aid services but did not opt for the legal services.
Researcher has collected primary data as per the structured and unstructured questionnaires
from the major stakeholders involved in the system of legal aid services in State of Delhi.
Despite the fact that there were lot of practical difficulties concerning access to courts, judges
and other authorities, this researcher managed to interview, 702 beneficiaries of legal aid
198
services; 173 judicial officers dealt with legal aid cases in civil and criminal subject matters;
11 Regulators (member Secretaries) of the Delhi Legal Services Authorities (DLSA) in Delhi
High Court Legal Services Committee; 174 Legal Aid Counsels (LACs); and 1039 women
at Special Courts and family courts, who were eligible but did not opt for the legal aid
services for their disputes, from 11 Districts and Delhi High Court in Delhi.
This study has not only examined the existing legal framework pertaining to legal aid
programme but also practical relevance of the law. The present study has highlighted the
difficulties in the operation of the scheme, which will help all stakeholders to examine the
utility of the existing law. This exercise will certainly facilitate promotion of the programme
and develop the jurisprudential aspect of the subject.
This research is a reflection of the practical experience of the Researcher on the quality and
competency of the LACs engaged by the legal services authorities in Delhi. Final Report of
the Empirical Research will be submitted to the Ministry of Law and Justice, National Legal
Services Authority (NALSA), DLSA and other concerned agencies for promoting quality
legal aid services across the States.
This research has taken into account the feedbacks received form the judicial officers,
regulators, the LACs beneficiaries and other interested parties for reaching to some logical
conclusion or findings. Researcher has also relied upon his interactions with the judicial
officers, beneficiaries, regulators, LACs and women respondents who were entitled to free
legal aid but did not opt for the legal aid services, and the observations made by visiting 12
Court complexes in Delhi, for recording the following findings of the research.
1. Beneficiaries approach the free legal aid services due to lack of resources to
engage paid private legal practitioners.
Beneficiaries, because of the dearth of resources to engage paid private legal practitioners,
opt for the free legal aid services of the LACs under compulsion. This research demonstrates
that about 98 % (688 out of 702) of the beneficiaries opted for free legal services on the
ground that they had no resources to engage paid private counsels for their litigation. If these
litigants had resources to engage private legal practitioners, they would not have approached
for the free legal aid services to the DSLA offices in Districts.
About 49.6% Beneficiaries of the legal aid services while replying to a specific question
on whether they would opt for the free legal aid services second time for the protection of
their interests in Civil and criminal courts, opined that if they have resources to engage a
private legal practitioner then they would not choose for the services. Further 39.5% of the
respondents are of the opinions that they would never approach the free legal aid service
system. Therefore, about 89 % of respondents, who opted for legal services showed no keen
interest in the services for the second time.
The same trend is also evident in case of individual LACs, where disputes related to
beneficiaries were pending at the time of recording the said data. 64.8 percent respondents
would avail these services under compulsion, due to lack of resources, and voluntarily. 23.6
percent respondents have shown their reluctance to opt for same LACs.
Further, the Women respondents, who were entitled to free legal aid services from the LACs,
did choose the paid services of private practitioners. It is evident for the data that more
199
than 95 % of such women respondents were not interested to get the benefits of free legal
aid services. Most of the respondents were in sound financial positon to engage private
legal practitioners. If they had no resources then there would have been some possibility to
approach the DLSAs for the free legal aid services.
3. The LACs associate themselves to the legal aid services for getting experience
and employment opportunity:
The question on the motives of the LACs to join legal aid services is very pertinent to reflect
upon the commitment of such professionals. Of course, other factors are also required to be
taken into account for drawing any logical inference from the said recorded data.
Regulators: It is observed that 54.5% of the regulators find that the LACs join legal aid
services for promoting and supporting the causes of the beneficiaries of the legal aid services.
About 9.1%, one out of 11 regulators felt that LACs join legal aid services for employment
opportunities. Another 36.4% regulators were of the considered views that LACs joins
legal aid services to gain experience in courts. The moment the LACs get some exposer and
become confident at practice in courts, they depart from the legal aid institution. As per the
views of these regulators respondents, LACs are allowed to practice and experiments at the
cost of poor beneficiaries.
The LACs: About 59.2%, 103 out of 174 LACs join the legal aid services for supporting
the causes of poor and downtrodden strata of the society. It is very difficult to scrutinize the
practical implications of such preaching of promoting the interests of beneficiaries through
legal aid service. This research has also combined the responses from other stakeholders
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such as judicial officers, regulators and the beneficiaries, to test the true character of such a
commitments in real life.
A good number of LACs were very forthright in providing their feedbacks on the issue of
joining legal aid services by the LACs. Approximately, 19%, 33 out of 174, LACs are of the
firm belief that they joined the legal aid services for getting good experience and exposure
to courts practices. According to them, Legal aid services is a kind of platform for better
opportunities. Some 4.6% of the respondent are of the considerate views that they become
part of the legal aid system for the employment opportunities.
Further, around 2.3% of the LACs accept that they enter in the service for the acclimatization
in the profession. About 14.9% LACs are of the expression that the get into the services
of the legal aid for the purpose of learning and preparing for the selection in the higher
judiciary as judicial officers. Therefore, it is inferred that around 40% of the LACs join
legal aid services on those grounds, which are not directly or indirectly connected to the
mandate of the legal aid system.
4. There is a direct connection between nature of empanelment and the nature
of commitments of the LACs
Lack of devotion is probably due to the nature of the engagement of the LACs and the
better quantum of honorarium involved in the private practice as compared to the legal aid
services. It is also seen that the LACs are piece rated employee, not in strict sense, because
they are involved and paid on the basis of allotted cases, where honorarium in stages are
paid, without any regular honorarium like a regular employee. In real sense, they are not
empaneled for the fulltime operations of the legal aid services.
The said connection is visible from the fact that 29.3% LACs respondents are accessible
for the free legal aid litigation on part time basis. Further 28.2% of the respondent are
have ad-hoc commitment, where they interact with the system of legal aid services for the
particular case only. In Both the categories, more than 57.5% of the LACs have no fulltime
availability, because of ad-hoc empanelment by the DLSA. The duration of the availability is
also dependent upon the number of legal aid cases allotted to the LACs. These respondents
are otherwise busy in their private practices in various courts in Delhi.
5. The LACs demand money from the beneficiaries for providing legal aid
services.
Legal aid services are provided free of costs across the nation. The Legal Aid Scheme is
funded out of public money and regulated by the NALSA and DSLSA in State of Delhi. The
LACs providing free legal services are paid prescribed honorarium in stages for defending
the interests of the beneficiaries. It is also pertinent that beneficiaries are not required to pay
for any services under the Legal aid System.
However, in practice, it is happening otherwise. Beneficiaries have been compelled to pay
money before the commencement of trial or submission of suit or other applications by
LACs across the Universe of the research. Demanding unlawful consideration from the poor
beneficiaries for rendering legal aid services is a crime and contrary to the mandate of the
Legal Aid System in India.
Asper the opinion of 260, 37% of the beneficiaries’ respondents, the LACs demanded money
for providing legal aid services to the beneficiaries. The said problem of demanding of money
is not confined to one particular district in Delhi.
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Whereas 56.4 percent respondents either did not pay money or reluctant to disclose it to our
team on the apprehension that their LACs would be withdrawn after such disclosure. Such
respondents were under impression that in case of withdrawal of such LAC, they would be
stranded without the LACs. There is not a single district or court in Delhi, where money is
not demanded by LACs. It is a matter of variance in degree of money demanded.
The data coupled with other feedbacks from the judicial officers on demanding money is a
true reflection of the degree of lack of commitments of the LACs toward the legal aid system.
Further, about 90.9% (10 out of 11 Courts) of the regulators have acknowledged that
complaints from the beneficiaries regarding LACs demanding money for defending the
claims of the beneficiaries have regularly been received at the DLSAs.
About 4 LACs respondents (2.3%) have accepted that they demanded money from the
beneficiaries for the services rendered. As per these respondents, an LAC is required to make
initial payment for the relevant documents & charges and no advance payment is made by
the DLSAs at the time of allocation of cases to the LACs. Thereafter bills and forms are
submitted to the DLSAs for claiming honorarium in stages. The LACs are of the opinion
that payment process causes undue delay in making payment; therefore, they are compelled
to demand money from the benficiaries. Even though there are some concerned with the
delayed payment of honorarium to the LACs, but the justification given for demanding
money is unreasonable.
competent and committed LACs. If an LAC is not well versed with the law and practice in
the relevant subject matters, then the whole system of legal aid is bound to fail.
In order to evaluate and assess the competency of LACs at the hands of stakeholders, three
main parameters such as quality of arguments, quality of articulation and quality of drafting
of the LACs are taken into account. It is also important to mention that beneficiaries may
not be competent to evaluate the competency of an LAC. Nevertheless, this research had
explained all the perimeters of the assessments in advance. Observations of judicial officers
during trial against LACs and personal observations of respondents are the basis of the
scrutiny of the competency of LACs. Further, the researcher has also taken into account the
other independent assessments of judicial officers and regulators for reaching to some logical
conclusion in the findings of the research.
Lack of competency of the LACs has adversely affected the quality of legal aid services. The
problems of incompetency of LACs is not confined to one particular Court or District, but
have affected the quality of legal aid services across the State of Delhi. The LACs due to their
incapacity and lack of commitment have not lived up to the expectation of the beneficiaries
skill. Whereas around 18.5% of the judges have found it to be below average. About 62.3%
beneficiaries of the legal aid services, observed that the most of LACs are below the standard
bar in case of articulation skill.
As per the estimate of the LACs about their articulation skill, it is observed that 68.4% LACs
are above average in the quality of articulation skills across 12 Courts in Delhi. Further
as per the expression of the LACs, about 22.4% LACs are far below the standard skill of
articulation. Around 72.7% Regulators of the DLSAs also consider that LACs are good at
the articulation skills and there is not a single LAC below the standards of such professional
skills. Whereas the LACs themselves have opined that 22.4% of the LACs are below average
in the specific skill.
Judicial officers who deal with the articulation skills of the LACs are in a better positon to
make a fair and authentic assessment of the skills of the LACs. Similarly, the beneficiaries
of the legal aid services, who are affected by the nature of professional skills of LAC seem
quite logical in their evaluation of the skills of the LACs. It may also logically be inferred that
the articulation skill of majority of the LACs is hovering around average and below average
parameters.
Assessments of the Senior Judicial officers in Session Courts and other Special Courts
Senior judicial officers at Session Courts and other special courts dealing with serious crimes
find that LACs are not competent to handle serious crimes involving matter of life and
death. As per the considerate views of 89.30% of the Judicial officers that they do not prefer
the involvement of the LACs in serious crimes such as rape, murder, culpable homicide
not amounting to murder, narcotics and other major offences. They always consider the
appointment of amicus curiae, generally experienced legal practitioners of competency
known to the judicial officers, are engaged to protect the interests of poor people, who are
not in a position to engage a legal practitioners at own.
Therefore, it is visible from the data that LACs are not considered trust worthy and competent
to protect the interest of poor people in serious crimes. The judicial officers have also
conveyed, during the course of interaction with them, that they do not want take any risk to
compromise with the interests of these beneficiaries by appointing the LACs.
7.1. There exists a wide gap between the professional skills of the Private legal
practitioners and the LACs:
A comparative examination of the skills between the LACs and the Private Legal practitioners
(PLPs) is also necessary to appraise the professional efficiency of the LACs. Primary data
showing the comparative inquiry between the LACs and PLPs is based upon the assessment
of the judicial officers in civil and criminal courts in Delhi.
As per the opinion of 61.8% judicial officers interviewed for the empirical research, that the
LACs are just average in case of argument (language) skill. Whereas 54.9% of the judicial
officers find the quality of argument skills of the PLPs of above average degree. It is also
inferred from the analysis that majority of the LACs are covered under the average category,
whereas majority of the PLPs represent the above average category of skills. Assessment for
the below average and above average categories for the PLPs and LACs shows that the PLPs
are better placed and skillful as compared to the LACs.
In case of the drafting skills, as per the considered views of the majority of the judicial
officers, 56.6% , that the PLPs are good at drafting skills, whereas 50.3% of the judicial
officers find the LACs of an average in the same ability. A combination of good and very
good categories of drafting skills in case of PLPs have outnumbered, with a huge gap, the
same combination of good and very good for the LACs. The position of below average
categories in both the cases is no different from the above average category.
Majority of the respondents, about 59.5% judicial officers for the PLPs (representing above
average category) and 49.7% judicial officers in case of the LACs, (representing average
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category) feel that the PLPs are better skilled than the LACs. It is also visible from the data
provided by the judicial officers that the professional skills in the below average (26.2%
LACs & 11.5% PLPs) and above average categories (24.3% LACs & 63% PLPs) of the
PLPs and the LACs, is clearly conquered by the PLPs. There is a widespread gap between
the professional skills of the PLPs and LACs for providing quality legal services. This is the
main justification for the people to prefer the PLPs to the LACs for legal services.
8. The LACs are not committed to the mandate of legal aid services.
The beneficiaries and other stakeholders of the legal aid services are reluctant to engage the
LACs for defending their interests in civil and criminal courts in Delhi. It is also observed
that the most of the LACs want to conclude cases as early as possible to get the honorarium in
stages form the DLSAs. Outcome and duration of trial of the case is not so relevant in making
payment to the LACs. The lack of commitment on the part of the LACs is evident from
certain facts concerning the conducts of the LACs, while delivering free legal aid services to
the beneficiaries.
Valuation of the commitment of the LACs by the judicial officers
In order to gauge the commitments of the LACs towards the legal aid services, the views
expressed by the judicial officers in courts are very important. As per the assessment of the
judicial officers, the most of the LACs are partial devoted or not at all devoted to the mandate
of the legal aid services. The primary data of 75.1%, 130 out of 173 respondents’ judicial
officers is a reflection of the fact that the LACs are partly committed to the causes of legal
aid services.
Further, the judicial officers blame the LACs for the lack of commitment towards the
beneficiaries. These Judicial officers find that majority of the LACs are occupied with private
practice, and hardly interested in the protection of the interests of the beneficiaries. As per
the statements of some judicial officers that the LACs use legal aid system, as a transit and
platform to gain experience and develop contacts, as a means of experimentation and survival
benefits at the cost of the beneficiaries of legal aid services.
The opinions expressed by the judicial officers, are very important to draw some logical
analogy that the LACs, mostly are hardly devoted to the protection of the interests of the
beneficiaries. This corrosion in the dedication of the LACs leads to the erosion of trust of
people over the the legal aid services.
Regulators
The data reflecting up on the feedbacks from the regulators, where some of the regulators
have also agreed that LACs are pre-occupied with private practice, indicate that there exists
a low rate of interaction between the LACs and beneficiaries.
Assessment of the commitment of the LACs by Beneficiaries
It is also important to mention that one of the hypotheses of this research is to evaluate
the commitment and devotion of LACs and quality of legal aid services. One specific
question regarding LACs was included and put across to beneficiaries for evaluation the
commitments of LACs. About 262 beneficiaries’ respondents, 37.3% represent the Category
of ‘not devoted’. Around 96, (13.7%) respondents feel that LACs were very hostile to the
interests of beneficiaries. Another 130, 18.5% beneficiaries considered that LACs are not at
all committed.
A combination of partial devotion, non- commitments and hostility towards the clients of
legal aid services, which represents 130+262+96=488, 69.5% of the respondents, infers that
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LACs are not fully committed and devoted to the causes of beneficiaries. The problem
of lack of commitment is not confined to one particular district but also have affected the
operations of LAS across the Universe of the research.
Difficulties faced by the beneficiaries while dealing with the LACs: Lack of commitments
Further, 55.2%, 387 out of 702 Beneficiaries respondents in 12 Courts, when responding to a
question on difficulties faced by them while interacting with the LACs, are of the views that
the LACs are not so keen to interact with them and preoccupied with their private practices.
It is also observed by the beneficiaries that most of the LACs give property to the private
practice over the legal aid services.
Impression of the women Respondents about the commitment of the LACs
It is also visible from the data table on justification for appointing private legal practitioners,
that 93.7%, 975 out of 1039 women respondents of the specific category in 12 Courts have
considered the paid services of the private legal practitioners over the free services of the
LACs. The Quality of competency and commitments of the private legal practitioners is the
main consideration for such arrangement, which is missing in case of the LACs.
Nature of complaints against the LACs and commitment of the LACs
Nature of the grievances or complaints filed by the beneficiaries to regulators and judicial
officers, and judicial officers to the regulars is also a reflection of the low quality of
commitment of the LACs. Majority of the complaints are confined to ‘not prepare for the
arguments’, ‘late for appearance’ and ‘very low interaction with the beneficiaries’. These
complaints are not confined to one district or one judge in civil or criminal courts but also
have affected governance of legal aid services across the State.
The regulators have also acknowledged that complaints from judicial officers against the
LACs regarding not prepared for arguments (28.6%), late for appearance in courts on the
specified date and time (42.9%) , seeking may adjournment (14.3%) and not interacting with
clients (14.3%) have regularly been received by them.
As per the opinion of the regulators, six out of eleven, 54.4%, on the complaints received
from the beneficiaries, that most of the complaints against the LACs are received on not
prepared for the arguments. Further 36.9%, four out of eleven regulators, have expressed
that majority of complaints are related to late attending courts proceedings involving legal
aid cases.
It is also seen from the data that 90.9 % of the regulators have accepted that the LACs are
not very committed in their operations while dealing with the legal aid cases. Primary data
on the nature of complaints filed by the beneficiaries against the LACs to the judicial officers
and judicial officers to the Regulators, show the grounds, where the LACs failed to live up
to the expectation of the legal aid services, concerning the lack of commitments of the LACs.
The LACs are occupied with the private practice
As per the opinions of 48% of judicial officers in 12 Courts, while responding to a question
on difficulties faced by the beneficiaries in availing legal aid services of the LACs, that
LACs are preoccupied with their private practices and had hardly any time left for the legal
aid services. Further, another 5.2% of the judicial officers felt that LACs are very casual in
their approaches while handling legal aid cases as compared to their private cases.
Wide gap between the average time taken in private practice and legal aid case
Data tables on the average time spent by the LACs on legal aid practices and private practice
show that average consumed by the most of the LACs on legal aid services is less than 15
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hours in a week, whereas average time taken by the LACs in case of private practice is more
than 20 hours. About 63 percent of the LACs in case of private practices have spent an
average time more than 21 hours in a week. It is also important to observe that the minimum
average time for the private practice is the highest average of the legal aid cases.
Researcher is also of the considered opinion that duration of interaction may also be
dependent upon the nature of disputes involved, availability of infrastructure and willingness
or commitments of the LACs to support the causes of the beneficiaries. Separate and detailed
research may also be conducted to inquire into the specific issue of interaction between these
two stakeholders of the legal aid system.
9. Court premises is the main place of interface between the LACs and the
beneficiaries.
Regular interface, for the purpose of discussion on disputes and defending the interests of
claimants, between the LACs and the beneficiaries is very important for bridging the gap on
trust deficit and promoting the mandate of legal aid system. Assessments of the regulators
and the beneficiaries was sought to know about the place of interaction between the LACs
and the beneficiaries of the legal aid services.
It is visible from the primary data that 45.4%, 319 out of 702 respondents’ beneficiaries met
LACs in Courts during the hearing dates. About 122 beneficiaries were also entertained by
LACs in their offices for discussion. Office of DLSA (55, 7.8%), Jails (46, 6.6%) and 65
(both office of LACs & DLSA) counted for place of meeting between the parties and LACs.
Some 61 Respondents met LACs at various places such as court premises, canteen, and
waiting rooms.
Views expressed by the Regulators are also identical with the responses of the beneficiaries.
About 54.5% of the respondents’ regulators were of the considered opinion that LACs and
beneficiaries meet in Courts, may be before or after the scheduled hearing on the given date.
Whereas 18.2% of the respondents felt that LACs interact with the beneficiaries at Chambers’
of LACs. Again, 18.2% regulators was of the view that office of the DLSA is the appropriate
place for their meetings.
Further Asper the the expression of 46.5%, 67 out of 144 respondents LACs, that the
prominent place for the interaction between the LACs and the beneficiaries is the Court
premises during the days of the scheduled listing of cases involving beneficiaries. The LACs
are hardly available for any briefing on other days beyond the listing of cases schedule. The
table data is a reflection of the commitment and availability of the LACs for beneficiaries.
10. Dearth of Commitment of the LACs has negatively affected the quality of
legal aid services.
Lack of devotion by the LACs has adversely affected the quality of services as well as the
faith of the beneficiaries over the legal aid services. It is pertinent that free legal aid services
are provided to the beneficiaries but people are not interested in these free services and
prefer paid services of private legal practitioners to the LACs. The judicial officers and the
beneficiaries have not taken the system of legal aid services, due to the lack of seriousness of
the LACs, seriously and not appreciated.
Beneficiaries of the legal aid services, not due to the services of the LACs, but because of
the dearth of resources to engage paid private legal practitioners, opt free legal aid services
of the LACs under compulsion. This research demonstrates that about 98 % (688 out of 702)
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of the beneficiaries opted for free legal services on the ground that they had no resources to
engage paid private counsels for their litigation. If these litigants had resources to engage
private legal practitioners, they would not have approached for the free legal aid services to
the DSLA offices in Districts.
About 49.6% Beneficiaries of the legal aid services while replying to a specific question
on whether they would opt for the free legal aid services second time for the protection of
their interests in Civil and criminal courts, opined that if they have resources to engage a
private legal practitioner then they would not choose for the services. Further 39.5% of the
respondents are of the opinions that they would never approach the free legal aid service
system. Therefore, about 89 % of respondents, who opted for legal aid services second time,
showed no keen interest in the legal aid services.
Further, the Women respondents, who were entitled to free legal aid services from the LACs,
did choose the paid services of private practitioners. It is evident for the data that more than
95 % of such women respondents, because of low commitment and competency of the LACs,
were not interested to get the benefits of free legal aid services.
11. Regulators and the LACs blame the beneficiaries and other factors for the
low rate of interaction between the LACs and the beneficiaries.
In order to assess the quality of interaction between the LACs and the beneficiaries, from
the regulators and the LACs, question on difficulties faced by the LACs while dealing with
beneficiaries, put to them to ascertain their views. About 45.5% of the regulators have
blamed the beneficiaries for the problems generated for the LACs.
Another good number of 21.8% respondents LACs have blamed the attitude of the
beneficiaries for the low quality of interface between them. As per these LACs, beneficiaries
have unreasonable high expectation from the free legal aid system. In cases where desirable
relief is not provide by the courts, they blame the LACs for the failure. Approximately, 14.4
% respondent LACs are of the opinion that low quantum of honorarium and unreasonable
delay in making payment to the LACs are the main causes of low quality of services and lack
of discussion between the parties. 10.9% of the LACs feel that judicial officers do not respect
and provide due care in case of free legal aid services, which have also affected the moral of
the LACs and responsible for the state of affairs..
It is very strange to notice that the system, which has been created or existing because of
the legal aid beneficiaries, is blaming the beneficiaries for the problems faced by the LACs.
Whereas one out of eleven regulators have frankly accepted that LACs are preoccupied with,
their private practices hardly have time for the cases under legal aid services. Around 18.2
of the regulators have blamed the low quality of infrastructure and low honorarium for the
difficulties faced by the LACs.
12. Undue delay in making payment to the LACs for the services rendered.
It has been observed during the currency of the research that due to complex, technical, and
prolonged process, honorarium to the LACs is hardly paid within reasonable timeframe.
There is no time bound action for the making payment. Such inordinate delay in the payment
of the honorarium frustrates the commitment of the LACs.
According to majority of LACs, payment of honorarium sometimes takes years together.
No advance payment of sufficient amount to the LACs is also made at the time of allocation
of cases. All the expenses at the time of filing suits and other proceedings are met by the
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LACs themselves. Therefore, these respondents have been compelled to adopt a practice of
demanding money from the beneficiaries for their survival.
13. Lack of Accountability of the LACs under the Existing System of Legal Aid
Services have diluted the quality of legal services.
It is noticed that the existing system of ensuring accountability of the LACs, where LACs
may be warned, replaced, or removed in exceptional cases, is not very effective. In case
of removal, prior permission by the DLSAs from the DSLSA is also taken. The DSLSA
or the Bar Council of Delhi or Bar Council of India has hardly punished any LAC, for
demanding money from the beneficiaries, which is a serious misconduct on the part of any
legal practitioners, proportionately.
Further, the LACs may resign or refuse to entertain the allotted case or withdraw at any point
of time from the list of empanelment. In such instances, the regulators and the beneficiaries of
the legal aid services are helpless. The Beneficiaries are the most suffers in such contingencies.
As per the NALSA Regulation 2010, each legal aid authority and committee is supposed
to constitute a committee to monitor the conducts and progress of the cases allotted to the
LACs. However, in practice, during the course of my research, such committees/authorities
were hardly created by any legal services authorities in 11 Courts in Delhi.
Lack of accountability and lack of effective monitoring over the LACs, has led to
encouragement of the LACs to be casual in their approaches while dealing with the legal aid
beneficiaries. Due to non-performance of the LACs, beneficiaries are feeling dejected and
stranded for seeking legal aid services.
About 20.2% judicial officers are also of the opinion that lack of accountability of the LACs
is one of the main reasons for the dilapidated state of affairs of the commitments of the LACs.
It is revealed that around 45.5% of the respondent regulators were not so serious about taking
actions against LACs for not following the mandate of the legal aid services. About 45.5%, 5
out of 11 regulator have not expressed any opinion on action taken against the LACs. Further
54.5 % respondents did accept of having taken appropriate action of warning or replacement
based on complaints received from the beneficiaries.
It is also visible from the data, on ‘suggestions/recommendations for the improvement in the
legal aid services’ from the judicial officers and the beneficiaries, that the judicial officers
and beneficiaries give priority to ensure the accountability of the LACs for the enhancement
of legal aid services. The responses from the judicial officers and beneficiaries to the open-
ended questions show that the beneficiaries are really affected by the non-performance of the
LACs.
14. Systematic Records on Complaints against the LACs filed by the judicial
officers and beneficiaries is hardly maintained.
Regulators in 12 courts have not maintained any proper and separate records on complaints
filed against the LACs, which can be utilized for the subsequent empanelment and ensuring
the accountability of the LACs. The primary data shows that more than 54.5 % respondents’
regulators are of the expression that no such records can possibly be maintained on complaints
against the LACs. Further, another 45.5% of the regulators have expressed that no systematic
records/files have been maintained for the said purpose.
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However, the primary data from the regulators reveal that 72.7% of the regulators take into
account the complaints or grievances of the beneficiaries for the subsequent empanelment of
LACs. Without any systemic records being maintained by more than 3/4th of the respondent
regulators, it is not possible for any person to rely up on such record, which is not in existence
or very poorly maintained, to decide the empanelment of some LACs.
Further, 27.3% of the respondents have honestly accepted that no complaints or grievances
are taken into consideration for subsequent empanelment of LACs. Therefore, the existing
system of empanelment of the LACs neither punishes the non-performer LACs nor reward
the performers LACs for the promotion of legal aid services. It seems that performers and
non-performers LACs are being treated at par.
15. The System of Feedbacks to appraise the services of the LACs from the
judicial officers and the beneficiaries is missing.
It is well-known fact that a consumer would be in a better position to evaluate the quality of
some commodity. Similarly, a beneficiary of legal aid services, probably in a better positon
to assess the quality of commitments and competency of the LACs. It is universally proven
fact that feedback from the beneficiaries of legal aid services is an effective tool to enhance
the quality of service of LACs. Feedback system for legal aid services has been introduced
and is being effectively implemented by many nations such as Australia, Scotland, Canada,
the EU and other nations for the promotion of quality of legal aid services.
About 27.3% of the regulators revealed that the feedbacks from the LACs are regularly
recorded and based on these observations appropriate actions are taken. About 18.2%, two
out of eleven, respondents were of the views that they hold regular meeting with the judicial
officers and beneficiaries for monitoring the assignments of the LACs. Despite several
requests to disclose such data on feedback from the LACs, no such records at the time of
collection of primary data from the regulators, was made accessible.
It is shocking to observe from the data that about 72.7%, 8 out of 11 regulators, almost 3/4th,
were not aware of such type of practice for enhancing the quality of legal services. These
respondents have not practiced any element of feedback system from the beneficiaries and
judicial officers in their respective jurisdictions.
16. Lack of creation of monitoring system over the services of the LACs in the
DLSAs have led to ineffective governance over the operations of the LACs.
There is no dearth of resources and legal protection for legal aid services. LACs as per the
LSA and Regulations are engaged by DLSAs. It is important to mention that the LACs after
empanelment are placed under the authority of Regulator (Member Secretary) for providing
quality legal aid services and control over the conducts of LACs.
It is pertinent to note that as per the mandate of the Para 10 of the NALSA (Free and
Competent Legal Services) Regulations 2010, every legal services Institutions for monitoring
the activities of the legal aid services including the functions of the LACs, shall constitute
a monitoring Committee. Not all 12 Courts, except Delhi High Court, created any such
committee at the district courts level. Some of the regulators were also not aware of such
requirements.
Nonexistence of any monitoring system to lookout over day-to-day activities of the LACs,
have bred to uncertainty in the operations. Further lack of such supportive mechanism to
guide and advise the LACs in case of any difficulties during the course of litigation, have also
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17. Ineffective Control over the LACs has resulted into deterioration of the legal
aid services.
Regulators of the legal aid services in Districts and Delhi High Court have very limited
powers under the LSA, Regulations and Rules framed for regulating legal aid services in
Delhi. The Regulators can take no disciplinary action, except warning, replacement and
removal of name from the Panel of the LACs, against empaneled LAC.
It is pertinent to cite that Para10 of the Delhi Legal Services Authority Regulations 2002
and Para 8(14) and (15) of the NALSA (Free and Competent Legal Services) Regulations
2010, that an LAC shall be disqualified and punished for the demanding money from the
beneficiaries. This research did not find any single instance where the DSLAS or DLSA have
ever approached the Bar Council of India for suspension or termination of LACs in case of
serious misconducts from the roll of the BCI.
It is visible from the data that 90.9% of the regulators in case of complaints concerning
demanding money from the beneficiaries, ten out of eleven, have warned the LACs in most
of the complaints. Whereas only one out of eleven, 9.1% of regulators have replaced the
LACs. It is also pertinent to note that the Regulators have not power to remove the name of
the LACs without the prior approval from the DSLSA (head office).
Feebleness of the regulators is unable to ensure the accountability of lack of commitments
and lack of competency of LACs. Due to lack of culpability of LACs, most of the LACs are
also not so serious about the litigation involving legal aid services. Thereby compromising
with the interests of the beneficiaries of legal aid service. It is a vicious circle, which is
contributing to the inefficiency of legal aid services. Lack of empowerment to ensure
accountability of LACs leads to low quality services and commitments of the LAC. Low
quality of services further breads to lack of trust over the legal aid services.
beneficiaries and other interested parties for reaching to some logical conclusion or findings.
Researcher has also relied upon the feedbacks from judicial officers, beneficiaries, regulators,
LACs and women respondents who were entitled to free legal aid but did not opt for the legal
aid services, and the personal observations recorded during the course of visit to 12 Court
complexes in Delhi, for endorsing viable measures for the promotion of legal aid services
delivered by the LACs.
The research, after taking in account the findings of the research and the hindrances
in the effective operations of the legal aid services provided by the LACs in 12 Courts,
have advocated the following recommendations for the enhancement of the quality of the
operations of the legal aid services.
4. Punishment for the premature withdrawal or rejection for the Legal aid
services by the LACs:
Premature withdrawal, resignation, or refusal to support the causes of the beneficiaries is
adversely affecting the people perception about the LACs and legal aid system. Under the
existing system of legal aid services, the LACs may withdraw or resign or refused to accept
a case allotted to him or her by the DLSA at any point of time. Regulators of the DLSAs
are also helpless in such contingencies. In such conditions generally, a pending case is
transferred to another LACs. But in transfer of a case from one LAC, who resigns or refuses
to be a part of particular case, to another LACs, beneficiaries is the ultimate sufferer. A
lot of inconvenience, in addition to prolonging the duration of the litigation process, in the
form of transfer of documents form one LAC to another, and payment of honorarium to one
LAC and the transferee LAC creates complications for the governing authorities as well the
beneficiaries.
The DSLSA must enter into a written agreement with the LACs at the time of empanelment,
for strict compliance of the commitments of legal aid services. The terms and conditions of
the empanelment must clearly be defined for the promotion of quality of legal aid services.
Therefore, it is suggested that the empaneled LAC at the time of empanelment must submit
an undertaking indicating that he or she will not withdraw or refuse to support the mandate
of the legal aid system at any point of time during the tenure of the empanelment. Further,
the undertaking must also include that in case of premature withdrawal or refusal to obey the
mandate of the legal aid services and breach of the terms and conditions of the empanelment,
such person will be liable to pay for damages of Rs Two LAC to the DSLSA.
5. Provision of quality infrastructural facilities for the DLSAs and the LACs
for providing quality legal aid services:
Good quality of infrastructure such as adequate staff, I T facilities, office space and other
relevant infrastructural facilities for the DLSAs and the LACs are necessary for providing
quick and quality legal aid services to the beneficiaries. Most of the DLSAs lack regular
214
staff, IT facilities with internet connection, and adequate office space for effective operations
of legal aid services. Temporary arrangements for the offices of DLSAs have been made in
courts premises in some Districts.
Due to dearth of IT facilities, details of listing of legal aid cases in civil as well as criminal
courts in District Courts, contact details of the LACs and maintenance of online services
for various activities concerning legal aid services are not being made available on the
web sites of the DLSAs. The Delhi High Court Legal Services Committee have implement
e-governance scheme, where all the details of empaneled LACs and beneficiaries and other
details are available on its web site, for providing legal aid services. Therefore, legal aid
service system must have regular staff, IT Facilities and proper space to provide good quality
legal aid services.
Further, the LACs do not get good library, IT Facilities, sufficient space to interact with the
beneficiaries, and a mentoring system to support them in case of any difficulties faced by
them during the course of litigation involving legal aid services. All these facilities such as
online IT sources for locating judgments, reports, bare acts and other documents pertaining
to legal profession, space for interaction amongst the LACs & other parties, and mentoring
services, must be provided in a specific accommodation meant for the LACs on full time
basis. Therefore, empowerment of the DLSAs and LACs with good infrastructural facilities
will support the endeavors of the quality free legal aid services system in Delhi.
quantum of honorarium to a reasonable level with effect from 1.7.2015. The said notification
has created problems, in the form of effective and non-effective hearing for making payment
to the LACs, for the LACs and beneficiaries. It has also been noticed majority of the LACs
are interested to conclude the case as early as possible to get the specific honorarium by
compromising the interests of the beneficiaries. Because the duration and outcome of a case/
dispute is not monitored by, any authority and these two factors are also irrelevant for getting
honorarium.
Further the said notification of the DSLSA do not incentivize the duration of a case and
efforts of the LACs. Honorarium is paid in stages for some steps or actions taken by the
LACs, where duration of a case is not pertinent. Let me illustrate my observation here with
the help of some hypothetical proposition. Suppose there are two LACs dealing with similar
matters. If one case is concluded within a year, the specified honorarium is paid to the LACs.
Further, in second case, if a case is concluded say after five year, then also same honorarium
is paid as per the policy of the DSLSA.
The issue that is bothering most of the LACs is delayed payment of the honorarium to
the LACs. It is pertinent to note that there is no specific time limit to make payment after
submission all the documents to the office of DLSAs. As per the opinion of the LACs, that
average time taken for the payment is one year after submission of all relevant documents.
The delayed payment of the honorarium is adversely affecting the moral and commitment of
the LACs towards the legal aid services. Further, this inconvenience compels the LACs to
give priority to private practice over the legal aid services for earning the livelihood.
Therefore, it is recommended that in order to promote the commitment of the LACs, there
must be time limit of one month to make the payment of honorarium; if payment is delayed
beyond the stipulated deadline then payment of interest should be paid to the LACs. Further,
the second anomaly related to non-recognition of duration of litigation process and efforts
put in by the LACs for getting some additional incentives beyond the specified maximum
honorarium limit.
12. Recognition to the services of the LACs for the appointments and other
benefits:
It is a matter of fact that majority of the legal practitioners do not prefer to join system
of legal aid services, because of low yields as compared to private practice. Further, the
services rendered by the LACs are also not taken into account for any future benefits such as
appointment of public Prosecutor or judicial officers and other benefits.
Legal aid services can draw some logical inferences from the medical professionals, for the
promotion of legal aid services. In case of medical professionals, who serve in rural areas for
some stipulated time, are given some additional weightage in the form of award of degree,
admission to higher degree/diploma and other pertinent benefits.
217
Therefore, to encourage the participation of experienced and competent legal aid practitioners
in the legal aid services, it is strongly recommended that some weightage to the services
rendered by the LACs, for the designation of Senior Advocates at High Courts and Supreme
Court, appointment of Public Prosecutors & judicial officers in lower courts and other
relevant benefits.
13. Transparency and accountability in the operations of the legal aid service
system:
Legal aid delivery system, in order to restore the faith of the beneficiaries and the LACs over
the legal aid system, must be transparent in its operations on allotment of cases to the LACs,
time taken for making payment of honorarium to the LACs, duration, outcome and nature
of cases/disputes involved legal aid services, maintenance of proper list of the beneficiaries
with contact details, daily cause lists of the legal aid cases listed in the relevant courts by the
respective DLSAs, empanelment of the LACs and availability of various legal aid services.
Details of all the pertinent operations of the DLSAs must be made available in the public
domain online.
Further, legal aid service system must also einsure the accountability of their employees, who
do not take time bound actions in case of payment of honorarium and facilitating the legal
aid services provided by the LACs. Insufficiency in providing legal aid services, whether by
the legal aid office staff or the LACs, should also be made accountable before the Consumer
forums under the Consumer Protection Act, 1986. This is because of the fact that the existing
legal aid service system, funded out of public money, has failed to ensure the accountability
of non-performer LACs. Good governance in the functioning of the legal aid services would
certainly enhance the faith of interested parties, such as the beneficiaries, judicial officers,
LACs, and other stakeholders of legal aid services, over the legal aid institution.
Highly Not No
Respondents Recommend Total
Recommend recommended Comments
Judicial Count 47 72 27 27 173
officers % of Total 27.2% 41.6% 15.6% 15.6% 100.0%
Count 61 56 13 44 174
LACs
% of Total 35.1% 32.2% 7.5% 25.3% 100.0%
Count 5 6 0 0 11
Regulators
% of Total 45.5% 54.5% 0 0 100.0%
Count 111 206 74 311 702
Beneficiaries
% of Total 15.8% 29.3% 10.5% 44.3% 100.0%
218
About 44.7% (15.8% highly recommended and 29.3%), respondents beneficiaries, were very
positive to bring about such a change in the existing system by appointing LACs on full time
tenure basis. They are hopeful that such system would certainly improve upon the quality of
legal aid services.
About 119 out of 173, of (68.8%) Judicial officers in 12 courts have also overwhelmingly
supported the creation such a scheme to employ the LACs on full time tenure basis with some
reasonable consolidated honorarium.
Around 45.5% of the regulators strongly consider that by creation of such a scheme of
employment, where LACs can be engaged on full time basis and tenure basis, will certainly
improve upon the quality of legal aid services. Further 54.5% of the total regulators are of
the considered opinion that creation of a system of empaneling the LACs, will create an
ambience of quality and commitments in the LACs and restore the trust of the beneficiaries
over legal aid services. It is amazing to note that all the regulators, 100% of the regulators
have recommended the creation of such a scheme for the empanelment of LACs on full time
and regular employment is the need of the hour for the promotion of legal aid services across
the nation.
The LACs, themselves have recommended that to improve the quality of the legal aid
services, full time empanelment on tenure basis with proper monitoring and advisory body
must be put in place. All the regulators have recommended that such a system will strictly
ensure the availability of quality services from the LACs. Majority of the judicial officers
are of the considerate opinion that such an arrangement will positively improve upon the
commitments and competency of the LACs.
Majority of the stakeholders have recommended that for ensuring effective accountability of
the LACs and to promote quality legal aid services in Delhi, the LACs should be appointed
on full time tenure basis. LACs under the proposed scheme will not be allowed to go for
private practice.
As per the recommendations and the proposed scheme, the LACs would be given some
reasonable honorarium for the services rendered. The proposed scheme must have some
Monitoring Committee composed of regulator and other senior legal practitioners or retired
judicial officers, through teams of mentors for civil and criminal groups, for regulating and
supervising the services of LACs.
It is also pertinent to mention that the organizational structure and composition, powers,
duties and responsibilities, process, training, mentoring, welfare, quantum of honorarium,
tenure of such empanelment, removal, regulations of misconducts, and other vital parameters
of the proposed scheme is a matter of further deliberation and research.
Finally, it is strongly emphasized that there is a lot of scope for improvement in the existing
system of governance of the legal aid services provided by the LACs. If the recommended
measures are put in practice, then the quality of legal aid service would certainly be enhanced
thereby restoring the faith of of the consumers of the legal aid and proper utilization of public
resources to provide effective, speedy and economic justice to poor people. Researcher is
keen to be a part of any such endeavours to promote the quality of legal aid services of the
LACs and quality of governance and supervision of the legal aid services institutions. The
Research on feel that the quality of the legal aid service should be of such status where the
beneficiaries recognise and respect these services as the first alternative and not the last
resort for access to justice.
Bibliography
B. Books:
1. Dhingra, Sangita Sehgal; Commentary on the Legal Services Authorities Act, Universal
Publishing Co, 2012
2. Iyer, Krishna and Krishna Swamy. VR Krishna Iyer-A Living Legend. Universal Law
Publishing, 2008.
3. Murlidhar S , Law, Poverty and Legal Aid, Lexis Nexis 2004
4. Narayan P S, Law relating to Lok Adalats and legal aid, Orientation Publication, New
Delhi, 2008
5. Patel Bimal, A Comprehensive guide of laws of Human Rights in Commonwealth
Countries, Wadhwa Publication , Nagpur, M S, 2007
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Law Agency 2010,
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Allahabad, 2005
8. Rao Mamta ; Public Interest Litigation – Legal Aid and Lok Adalats, Eastern Book
Company, 2015
9. Regan, Francis “The transformation of legal aid: comparative and historical studies”.
Oxford University Press, 1999.
10. Roma Mukherjee, Women, Law and Free Legal Aid in India, Deep & Deep Publications
Pvt. Ltd, 2000
11. Sarkar SK, Law relating to Lok Adalats and Legal Aid, Orient Publishing Company
2010
220
12. Shanna. S. S, Legal Services, Public Interest Litigations &Para-Legal Services, Central
Law Agency, Allahabad, 2007
13. Sujan Singh, Legal Aid Human Right to Equality, Deep & Deep Publications, New
Delhi, 1996
14. Swaroop R, Law relating legal aid and lok Adalat, Asia Law House, Hyderabad 2003
15. Richard K. Gordon Jr. Jonathan M. Lindsay; Law and the Poor in Rural India: The
Prospects for Legal Aid; American University International Law Review, Vol 5 Issue 3
Paper 1, 1990
16. Regan, Francis; The transformation of legal aid: comparative and historical studies,
Oxford University Press 1990
C. Articles:
1. Desai, Role and Structure Of Legal Profession, Journal of Bar Council Of India 112
(1981)
2. Fleming Don , Legal aid and human rights, Paper presented to the International Legal
Aid Group Conference, Antwerp, June 2007
3. G Mallikarjun, Legal Aid in India and the Judicial Contribution 7 NALSAR Law
Review 234 (2013)
4. Justice T. Mathivanan, Judge, Madras High Court “Legal Aid Issues, Challenges and
Solutions an Empirical Study” PDF downloaded from the web site of Madras High
Court; Link- http://www.hcmadras.tn.nic.in/legalaid-issues.pdf
5. Mann J S, Restoring the trust and faith of the beneficiaries over the Legal aid Services
in India; International of Journal Law and Policy, NUJS, 2015
6. Menon Madhava NR, Dr. A C Pal and Mrs. Rupa Mehta; Social Justice and the Indian
Legal System, Civil and Military Law Journal Vol-41, 2005
7. Mukherjee D.V, Legal Education For Service To The Poor, AIR 1982 Jour.27
8. News Paper Article: NALSA chairman bats for giving institutional form to legal aid
services; Abhay Singh, Times News Network, Mar 4, 2012, http://articles.timesofindia.
indiatimes.com/2012-03-04/patna/31121038_1_legal-aid-nalsa-national-legal-
services-authority
9. News Paper Article: Top judges moot an idea: Free legal aid could give lawyers a
leg up, Times News Network, Apr 21, 2013; http://articles.timesofindia.indiatimes.
com/2013-04-21/chennai/38709193_1_adalats-national-legal-services-authority-nalsa
10. P. Sidhva, Legal Aid in India: The Need for Strong Laws and High Minds, Oxford
Human Rights Hub Blog (November 18, 2012), available at http://ohrh.law.ox.ac.uk/
legal-aid-in-india-the-needfor-strong-laws-and-high-minds/
11. Persis Sidhva, Legal Aid In India: the need for strong Laws and high Minds; Oxford
Human Rights Hub, 18 Nov 2012
12. Richard K. Gordon Jr. Jonathan M. Lindsay , Law and the Poor in Rural India: The
Prospects for Legal Aid, Vol 5 Issue 3 Article 1, American University International Law
Review, 1990;
13. Robert Granfield, the Meaning of Pro Bono: Institutional Variations in Professional
Obligations among Lawyers, Law & Society Review, Volume 41, Number 1, 2007.
14. T Zainulbhai, Justice for All: Improving the Lok Adalat System in India, 34 Fordham
International Law Journal 248 (2011).
221
D. Reports of Committee/Commission:
1 Annual Reports of the DLSA, Delhi High Court and NALSA Reports on Legal Aid
services
2 Client Satisfaction Survey 2007-2013 Australia and Scotland
3 Delivering legal aid efficiently and effectively as part of the justice system; Business
Plan 2014/15, Legal Aid Agency, UK
4 Empirical Research Conducted by the MARG, New Delhi on “Needs Assessment Study
Of Selected Legal Services Authorities” for the UNDP, India 2012
5 Empirical Research on Access to Justice for Marginalized People, 2011, A Study of Law
School Based Legal Services Clinics; by UNDP and Government of India, 2011
6 Government of India: Report of the Expert Committee on Legal Aid, Processual Justice
to the People, May, 1993
7 International Conference on Equitable Access to Justice: Legal Aid and Legal
Empowerment; Conference Report; 17 – 18 November 2012, organized by Department
of Justice, Government of India and the United Nations Development Programme,
New Delhi, India
8 Report on Making Legal Empowerment and Legal Aid More Effective: Interventions
through the Project on Access to Justice for Marginalized People: A Workshop
Organised by Department of Justice (Ministry of Law and Justice, Government of
India) and United Nations Development Programme in collaboration with National
Legal Services Authority; 14 Dec 2009 Indian Law Institute,
9 Statistical Information In Respect Of Legal Aid Beneficiaries for the Year 2013-2015:
DSLSA
10 Statistical Information In Respect Of Legal Aid Counsels for the Year 2013-2015:
DSLSA
11 The Annual Report 2012-2013, Western Australia, for Legal Aid Commission Act 1976.
12 The UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems,
December, 2012
E. Bare Acts/Rules/Regulations:
1 Constitutional Law of India 1950
2 District Legal Services Authority Regulations, 1998
3 DSLSA Notification on Fee schedule for the LACs, 2015
4 High Court Legal Services Committee Regulations, 1998
5 National Legal Services Authority (Legal Aid Clinics) Regulations, 2011
6 Order 33 Of The Code Of Civil Procedure , 1908,
7 Section 304 Of The Criminal Procedure Code, 1973,
8 Supreme Court Legal Services Committee Rules 2000
9 The Delhi Legal Services Authority Regulation, 2002
10 The Delhi Legal Services Authority Rules, 1996
11 The Legal Services Authorities Act, 1987
222
12 The National Legal Services Authority (Free And Competent Legal Services)
Regulations, 2010,
13 The Supreme Court Legal Services Committee Regulations, 1996
F. Internet Sources:
1 Central District Legal Services Authority
2 Common Cause
3 Commonwealth Human Rights’ Initiative
4 Delhi Government
5 Delhi State Legal Services Authority
6 Districts Courts in Delhi
7 East District Legal Services Authority
8 High Court Legal Services Committee
9 Human Rights Law Network: NGO
10 Ministry of Law and Justice, Government of India
11 Misc Intuitions involved in legal aid services in India
12 National Legal Services Authority
13 New Delhi District Legal Services Authority
14 North District Legal Services Authority
15 North East District Legal Services Authority
16 North West District Legal Services Authority
17 Shahdara District Legal Services Authority
18 South District Legal Services Authority
19 South East District Legal Services Authority
20 South West District Legal Services Authority
21 Supreme Court Legal Services Committee
22 West District Legal Services Authority
9 District Legal Services Authority South District, Room No. 607, 6th Floor Saket Courts,
New Delhi
10 District Legal Services Authority South-West District, Admn. Block, Dwarka Courts,
New Delhi
11 District Legal Services Authority West District, Room No. 295 Tis Hazari Courts, Delhi
12 High Court Legal Services Committee, 35-36, Lawyers Chambers, High Court of Delhi,
New Delhi.
13 National Legal Services Authority, Jamnagar House New Delhi
14 Supreme Court Legal Aid Committee, New Delhi
H. Categories of Respondents:
1. Beneficiaries of the legal aid services
2. LACs/Empaneled legal practioners under the legal aid programme
3. Members/Regulators of the legal services authorities under the Legal Services
Authorities Act, 1987
4. Judicial officers at the district courts in Delhi, and Delhi High Court,
5. Women, who were entitled to legal aid services, but did not opt for it
Annexure:
Questionnaire for the Beneficiaries of the Free Legal Aid Services
Dear Madam/Sir
(Entering name and contact details in the questionnaire is optional)
Good Day/Namaskar
I, Dr Jeet Singh Mann, Associate Professor of Law, National Law University, Delhi,
under the Scheme of the University Grants Commission Research Award in Law 2014
is undertaking a research project on the free legal aid services in Delhi. This project is
designed to evaluate the legal services provided under the legal aid system in Delhi. The
basic objective of this research is to highlight the hindrances in the functioning of legal
aid system and make viable solution of those problems. Information collected through
this exercise shall be kept confidential and shall be used for academic purposes only.
Individuals, without disclosure of identity, for the purpose of data collection shall be
considered as data only. Data shall be used for the promotion of legal education and legal
research on legal aid system In India.
I request you that kindly complete the following short questionnaire regarding the free
legal aid services. It should take no longer than 5-10 minutes of your valuable time.
Male/Female:
A. Category of the beneficiary for claiming benefits under Free Legal Aid
Services (FLAS)
B. How did you find out about the services offered by FLAS?
1. Legal Services Authority (Front Office)
2. Private Advocate
3. NGOs
4. Friends
5. Others (Specify)
C. W
hy did you go for the services of Legal Aid Counsel (LAC) under the
FLAS?
1. No resources to engage a private lawyer
2. Quality of legal services by the LAC
226
3. Friend/Relative advised
4. Others (Specify)
5. No opinion
D.
Details of the Case/dispute for which legal aid is claimed:
(Specific Issue)
1. Civil 2. Criminal 3. Property/Land 4. Business 5. No Opinion
E. Is the process of getting the services under the FLAS easy for you to make
an application for legal aid?
1. Yes 2. No 3. No response
If not then, what was the problem for filing the application for legal aid?
……………………………………………………………………………………
F. Did the Legal Services Authorities (LSA) responded promptly and quickly
to help you?
1. Yes 2. No 3. No response
If not then, what was the basis of delayed response for the legal aid from the LSA?…………
…………………………………………………………………………
G. Did you approach a private lawyer before approaching the LSA for the free
legal aid? 1. Yes 2. No 3. No opinion
H. How many times have you obtained the LAS from the LSA?
1. One 2. Two 3. Three 4. Four 5. Five
I. Stage of getting legal aid services (LAS) from the LAC:
1. Filing/trail of case
2. Bail
3. Review
4. Appeal
5. On Transfer
6. At the time of arrest by police
7. Others (Specify)
N. Is the advice and other assistance by the LAC given to you?
1. Yes 2. No 3. No response
If yes, then how helpful was the advice and other assistance you received in preparing
you for your dispute?
1. Very useful 2. Useful 3. Not at all useful 4. No opinion
O. Did/does the LAC explain you about the status and future course of action
in your case?
1. Yes 2. No 3. No response
P. Did/Does the LAC listen you when you explain your case?
1. Yes 2.
No 3. No response
If yes, how would you rate the interaction?
1. Very satisfied 2. Satisfied 3. Not satisfied 4. Very dissatisfied 5. No opinion
Q. How did the LAC explain the client’s state of affairs to the Judge/Magistrate?
1. Very Satisfactorily 2. Satisfactorily 3. Badly 4. Very Badly 5. No opinion
T. Did the LAC demand money from you for attending the proceedings before
Court?
1. Yes 2.
No 3. No response
If yes, then how many complaints were filed by the Judges during the trail?
1. 1-5 2. 6-10 3.
Above 10 4. Nil
If yes, then nature of Complaints: (may tick more than one)
1. For Not Raising Good Arguments
2. Not available for arguments
3. Seeking frequent adjournments
4. Not ready for arguments
5. Deputing juniors or other person
6. No time to interact with clients
7. For demanding money for the legal services
8. Other reasons (Specify)
V. Complaint /observation made during trial against the LAC by beneficiary
to judicial officer:
1. Yes 2.
No 3. No response
If yes, then how many complaints were filed by the beneficiary during the trail?
1. 1-5 2. 6-10 3.
Above 10 4. Nil
Complaints/observations from beneficiaries about the services of LAC:
1. Warning for Not Raising Good Arguments
2. Not available for arguments
3. Seeking frequent adjournments
4. Appreciation for performance
5. Not ready for arguments
6. Deputing juniors or other person
7. For demanding money for legal services
8. Others (Specify)
Any disciplinary actions taken against the LAC by the judicial officer:
1.
Yes 2.
No 3. No response
If yes, then the nature of disciplinary action taken against the LAC by the Judicial Officer:
1. Reported to the LSA
2. Barring from appearance
3. Warning
4. Request for replacement of the LAC
5. Fine
6. Nil
7. Others (Specify)
W. Complaint /observation made during trial against the LAC by beneficiary
to the LSA:
1.
Yes 2. No 3. No response
229
If yes, then how many complaints were filed by the beneficiary during the
trail?
1. 1-5 2. 6-10 3.
Above 10 4. Nil
X. Any disciplinary actions taken against the LAC by the LSA:
1.
Yes 2. No 3. No response
If Yes, then nature of disciplinary action taken against the LAC
1. Suspension
2. Removal
3. Warning
4. Replacement
5. Fine
6. Others
7. Nil
AC. Are you satisfied with commitment and devotion of the LAC of under the
LSA?
1. Yes 2. No 3. No response
AD. How would you rate the commitment and devotion of an LAC?
1. Strongly devoted
2. Partially deviated
3. Not devoted
4. Hostile to the objectives of legal aid system
5. Others (Specify)
AE. Are you satisfied with the quality of services provided by LAC under
the LAS?
1. Yes 2. No 3. No response
AF. Would you like to use the LAS in future for any other case?
1. Yes 2. No 3. No opinion
AG. If you have same problem in future, would you like to use the services
of same LAC again?
1. No 2. Yes, if no sources are available. 3. Yes 4. No opinion
AH. How would you rate the services provided by the LAC
1. 2. 4 5.
Parameters 3. Fair
Very Good Good Bad Very bad
Quality of Arguments: 1 2 3 4 5
Quality of Presentation/
1 2 3 4 5
articulation:
AK. Major issues faced by the beneficiaries while availing the services of LAC:
1.
2.
Dear Madam/Sir
Good Day/Namaskar
I, Dr Jeet Singh Mann, Associate Professor of Law, National Law University, Delhi,
under the Scheme of the University Grants Commission Research Award in Law 2014
is undertaking a research project on the free legal aid services in Delhi. This project
is designed to evaluate the efficiency of the legal services provided under the legal
aid system in Delhi. The basic objective of this research is to highlight the hindrances
in the functioning of legal aid system and make viable solution of those problems.
Information collected through this exercise shall be kept confidential and shall be used
for academic purposes only. Individuals, without disclosure of identity, for the purpose
of data collection shall be considered as data only. Data shall be used for the promotion
of legal education and legal research on legal aid system In India.
I request you that kindly complete the following short questionnaire regarding the free
legal aid services. It should take no longer than 10 minutes of your time.
Name: Designation:
A. Total Nos of cases covered under Legal Aid System (LAS) decided &pending
before the Judge/magistrate:
Decided cases:
Criminal: 1. 1- 10 2. 11-25 3. 26-50 4. More than 50 5. Nil
Civil: 1. 1- 10 2. 11-25 3. 26-50 4. More than 50 5. Nil
Pending cases:
Criminal: 1- 10 2. 11-25 3. 26-50 4. More than 50 5. Nil
Civil: 1- 10 2. 11-25 3. 26-50 4. More than 50 5. Nil
B. Average Time taken for conclusion of a case covered under LAS:
Civil cases:
1. 1-2 Years 2. 3-4 years 3. 5-7 Years 4. Above 7 years
Criminal cases:
1. 1-2 Years 2. 3-4 years 3. 5-7 Years 4. Above 7 years
233
Civil Cases
Stage Total Cases
Filing of Suit 1- 10 2. 11-25 3. 26-50 4. More than 50 5. Nil
During Trial: 1- 10 2. 11-25 3. 26-50 4. More than 50 5. Nil
Review 1- 10 2. 11-25 3. 26-50 4. More than 50 5. Nil
Appeal 1- 10 2. 11-25 3. 26-50 4. More than 50 5. Nil
On Transfer: 1- 10 2. 11-25 3. 26-50 4. More than 50 5. Nil
Others (Specify): 1-10 2. 11-25 3. 26-50 4. More than 50 5. Nil
E. Have you ever warned/scolded any LAC, (without filing any complaints
before the Legal Services Authority, LSA) for lack of commitments for services?
[INFORMAL]
1.
Yes 2. No 3. No response
If yes total instances: 1. 01 2. 02 3. 03 4. 04 5. Above 04 6. Nil
If yes, then the nature of action taken against the LAC by the Judicial Officer:
1. Reported to the LSA
234
G. Any Complaint /observation made during trial against the LACs by judicial
officers to the legal services authority (LSA) [FORMAL]:
1. Yes 2.No 3.No response
If yes then how many complaints were filed by the Judges during the trail?
1. 01 2. 02 3. 03 4. 04 5. Above 04 6. Nil
If yes then nature of Complaints:
1. For Not Raising Good Arguments
2. Not available for arguments
235
H. If complaint filed by Judicial Officer, than reporting on the disciplinary actions
taken against LACs by the legal services authority (LSA):
1.
Yes 2.
No 3. No comments 4. No intimation
If yes then, no. of actions: 1.01 2. 02 3. 03 4. 04 5. Above 04 6. Nil
Nature of disciplinary action taken by the LSA against the LACs:
1. Suspension
2. Removal
3. Warning
4. Replacement
5. Fine
6. Nil
7. Others (Specify)
I. What are the Difficulties that are faced by the clients in interactions with LACs?
1. LAC occupied with his own practice matters
2. Attitude of beneficiaries
3. Attitude of LAC
4. Nil
5. Others (Specify)
J. How would you rate the commitment and devotion of the LACs?
1. Strongly devoted
2. Partially devoted
3. Not devoted
4. Hostile towards the basic objectives of the
Legal Aid System
5. Others (Specify)
1. Very 2. 3. 4 5.
Parameters
Good Good Fair Bad Very bad
Quality of Arguments: 1 2 3 4 5
Quality of Presentation/
1 2 3 4 5
articulation:
5. Quality of arguments
7. Other (Specify)
237
1. 2. 3. 4 5.
Parameters
Very Good Good Fair Bad Very bad
Quality of Arguments: 1 2 3 4 5
Quality of Presentation/
1 2 3 4 5
articulation:
Dear Madam/Sir
(Entering name and contact details in the questionnaire is optional)
Good Day/Namaskar
I, Dr. Jeet Singh Mann, Associate Professor of Law, National Law University, Delhi,
under the Scheme of the University Grants Commission Research Award in Law 2014
is undertaking a research project on the free legal aid services in Delhi. This project is
designed to evaluate the legal services provided under the legal aid system in Delhi. The
basic objective of this research is to highlight the hindrances in the functioning of legal
aid system and make viable solution of those problems. Information collected through
this exercise shall be kept confidential and shall be used for academic purposes only.
Individuals, without disclosure of identity, for the purpose of data collection shall be
considered as data only. Data shall be used for the promotion of legal education and legal
research on legal aid system In India.
I request you that kindly complete the following short questionnaire regarding the free
legal aid services. It should take no longer than 10 minutes of your time.
Name:
Qualification with Year:
Qualification gained from which institution:
C. For how long have you been associated as an LAC with the LAS?
1. 1-3 years 2. 4-6 years 3. 7-9 years 4. Above 9 years
D. How many tenures (terms) the LAC served the Legal service authority:
1. 01 2. 02 3. 03 4. 04 5. Above 04
F. Time Spend in a week (Average hours) for the LAC practice:
1. 2-5 2. 6-9 3. 10-15 4. Above 15 5. Nil
239
H. Forum (majority) of independent practice before joining the free legal aid
services:
Forum Number of cases
SC 1- 10 2. 11-25 3. 26-50 4. More than 50 5. Nil
HC 1- 10 2. 11-25 3. 26-50 4. More than 50 5. Nil
Trial Courts 1- 10 2. 11-25 3. 26-50 4. More than 50 5. Nil
Tribunals 1- 10 2. 11-25 3. 26-50 4. More than 50 5. Nil
I. Types of cases (majority) handled independently before joining the legal aid
system:
Nature Number of cases
Civil 1- 25 2. 26-50 3. 51-75 4. 76-100 5. above 100
Criminal 1- 25 2. 26-50 3. 51-75 4. 76-100 5. above 100
J. Nos of cases handled, including pending cases: with some senior legal
Practitioner before joining as LAC:
Nature Number of cases
Civil 1- 25 2. 26-50 3. 51-75 4. 76-100 5. above 100
Criminal 1- 25 2. 26-50 3. 51-75 4. 76-100 5. above 100
K. Details of handled (with Senior LP) including pending cases (before joining as LAC)
L. Total cases independently handled before joining the free legal aid services:
1. 1-25 2. 26-50 3. 51-75 4. 76-100, 5. 100 and above
O. Did you get any training at the time of joining services by the LSA?
1. Yes 2.No 3.No response
P. Are you provided with any assistance/guide handbook on the LAS by the
LSA?
1. Yes 2.No 3.No response
Q. Particulars of legal services provided (since empanelment) as an LAC.
1. District Courts: (subordinate Courts)
a. Criminal Court: 1. Complaint case up to summon stage 2. Complaint case up to warrant
stage 3. Sessions cases involving sentence of life 4. Appeal 5. Others (Specify):
b. Civil Court: 1. Filing of Suits. 2. Appeal from Decree 3. Review 4. Advice only
5.Others (Specify):
2. Tribunals (specify): 1. Filing of application. 2. Appeal 3. Review 4. Others (Specify):
3. The Delhi High Court: 1. Drafting and pleading 2. Acting in writ petition 3. Acting in
appeal 4. Advice only 5. Others (Specify):
4. The SC: 1. Drafting and pleading 2. Acting in writ petition 3. Acting in appeal 4. Advice
only 5. Others (Specify):
V. Stage of participation as an LAC in the pending and decided cases (majority)
Stage Number of cases
Starting/
1.1- 10 2. 11-25 3. 26-50 4. More than 50 5. Nil
Filing/trail
Appeal 1.1- 10 2. 11-25 3. 26-50 4. More than 50 5. Nil
Transferred
1.1- 10 2. 11-25 3. 26-50 4. More than 50 5. Nil
from others
Review 1.1- 10 2. 11-25 3. 26-50 4. More than 50 5. Nil
Others
1.1- 10 2. 11-25 3. 26-50 4. More than 50 5. Nil
(Specify)
Z. Did you demand any consideration/money from the beneficiaries under the
LSA?
1. Yes 2.No 3.No response
AE. Are you satisfied with the process of payment of honorarium by the LSA?
1. Highly Satisfactory 2. Satisfactory 3.Unsatisfactory 4. Highly Unsatisfactory 5. No
Comments
AG. How would you rate the legal services provided by the LAC?
1. 5.
2. 3. 4
Parameters Very Very
Good Fair Bad
Good bad
Quality of Arguments: 1 2 3 4 5
Quality of Presentation/
1 2 3 4 5
articulation:
Quality of Drafting Skills 1 2 3 4 5
Dear Madam/Sir
(Entering name and contact details in the questionnaire is optional)
Good Day/Namaskar
I, Dr. Jeet Singh Mann, Associate Professor of Law, National Law University, Delhi,
under the Scheme of the University Grants Commission Research Award in Law 2014
is undertaking a research project on the free legal aid services in Delhi. This project is
designed to evaluate the legal services provided under the legal aid system in Delhi. The
basic objective of this research is to highlight the hindrances in the functioning of legal
aid system and make viable solution of those problems. Information collected through
this exercise shall be kept confidential and shall be used for academic purposes only. Data
shall be used for the promotion of legal education and legal research on legal aid system
In India.
I request you that kindly complete the following short questionnaire regarding the free
legal aid services. It should take no longer than 5-10 minutes of your time.
Name:
Designation:
Name of organization: M a l e /
Female:
A. What are the preferential qualifications for the appointment of the
Empaneled Legal Practitioners (LACs)?
1. Experience
2. Handling of cases independently
3. Specialisation
4. Some references/recommendations
5. Commitments towards beneficiaries
6. Others (Specify)
C. Particulars of free legal services (majority) provided by the LACs under the
control of LSA
1. Advice only 2. Pleading and drafting 3. Negotiation 4. Court documentation only 5.
Others (All)
Duration (average of cases) of interaction discussion/briefing between the LACs and the
beneficiaries:
1. 1-3 hours 2. 4-6 hours 3. 7-9 hours 4. Above 9 Hours 5. Nil
4. Replacement
5. Fine
6. Nil
7. Others (Specify)
P. Does LSA has any grievance settlement mechanism to decide the grievances
of beneficiaries?
1. Yes 2. No 3. Not aware
R. Any feedback system from beneficiaries to evaluate the services of the LACs?
1. Yes 2. No 3. Not aware
U. Do you take into account the complaints filed and actions taken against the
LACs for subsequent empanelment?
1. Yes 2. No 3. There is no restriction of such nature 4. Others (Specify)
Questionnaire for Women who were eligible for free legal aid, but did not opt for Free
Legal Aid
Dear Madam/Sir
(Entering name and contact details in the questionnaire is optional)
Good Day/Namaskar
I, Dr Jeet Singh Mann, Associate Professor of Law, National Law University, Delhi,
under the Scheme of the University Grants Commission Research Award in Law 2014
is undertaking a research project on the free legal aid services in Delhi. This project
is designed to evaluate the effectiveness and efficiency of the legal services provided
under the legal aid system in Delhi. The basic objective of this research is to highlight
the hindrances in the functioning of legal aid system and make viable solution of those
problems. Information collected through this exercise shall be kept confidential and
shall be used for academic purposes only. Data shall be used for the promotion of legal
education and legal research on legal aid system In India.
I kindly, request you that you complete the following short questionnaire regarding the
free legal aid services. It should take no longer than 10 minutes of your time.
Name:
Fathers Name:
Address:
Age:
Profession:
Male/Female:
E. Have you availed legal aid services from the LACs under the LAS?
1. Yes 2. No 3. No comments
250
F. Reasons for not opting for services of Legal Aid Counsel (LAC) under legal
aid system:
1. Lack of Competency:
2. Lack of presentation skills
3. Lack of drafting skills
4. Lack of (Independent) Experience
5. No Faith on the system
6. Non availability
7. No commitment and sincerity towards the LAS
8. Complex process for getting benefits
9. No Accountability of LACs for dereliction of duty
10. Lack of trust on the LAC
11. Not aware of the scheme and process for claiming benefits
12. Others (Specify)
G. Who did advise you for not opting for legal aid services?
1. Friends/ Neighbors 2. Private Legal Practitioner 3. A person who had avail the benefits 4.
Own experiences 5. Others (specify) 6. No opinion
fiz; egksn;@egksn;k]
ueLdkjA
eSa- MkW- thr flag eku] ,lksfl,V izksQSlj ¼fof/k½] jk’Vªh; fof/k fo”ofo|ky;] fnYyh]
fo”ofo|ky; vuqnku vk;ksx vuqla/kku iqjLdkj ¼fof/k½ 2014 ds varxZr fnYyh esa fu%”kqYd
dkuwuh lgk;rk lsokvkas ij ,d vuqla/kku ifj;kstuk “kq: dj jgk g¡wA bl ifj;kstuk
dks fnYyh esa dkuwuh lgk;rk iz.kkyh ds varxZr iznku dh tkus okyh dkuwuh lsokvksa
dk ewY;kadu djus ds fy, rS;kj fd;k x;k gSA bl ifj;kstuk dk eq[; mn~ns”; dkuwuh
lgk;rk iz.kkyh ds dk;Zpkyu esa vkus okyh ck/kkvksa dks mtkxj djuk rFkk mu leL;kvksa
dk O;ogk;Z lek/kku djuk gSA bl ifj;kstuk ds varxZr izkIr dh x;h lwpuk dks xqIr
j[kk tk,xk rFkk bldk mi;ksx dsoy vdknfed mn~ns”;ksa ds fy, fd;k tk,xkA bl MsVk
dk mi;ksx dkuwu dh f”k{kk vkSj Hkkjr esa dkuwuh lgk;rk iz.kkyh esa fof/kd vuqla/kku ds
lao/kZu ds fy, fd;k tk,xkA
iz”ukoyh esa uke vkSj laidZ fooj.k ntZ djuk lSfPNd gSA fdlh O;fDr ds C;kSjs ds cxSj
izkIRk iz”ukoyh dks dsoy MsVk ds rkSj ij fy;k tk,xkA
vkils vuqjks/k gS fd d`Ik;k fu%”kqYd dkuwuh lgk;rk lsokvkas ls lacaf/kr fuEufyf[kr y?kq
iz”ukoyh dks iwjk djsaA bl ij vkids cgqewY; le; esa ls 5 & 10 feuV ls vf/kd ugha yxsaxsA
uke%
firk dk uke%
irk%
vk;q%
O;olk;%
iq:"k@efgyk
d- fu%’kqYd dkuwuh lgk;rk lsokvkas ¼,Q,y,,l½ ds varxZr ykHk izkIr djus gsrq
ykHkkFkhZ dh Js.kh%
[k- vkidks ,Q,y,,l ds ckjs esa dSls irk pyk\
1- fof/kd lsok izkf/kdj.k ds Lokxr d{k ls
2- izkbZOksV odhy
3- ,uthvks
4- fe=
5- vU; ¼fy[ksa½
252
x- v
ki lsokvksa ds fy, ,Q,y,,l ds varxZr dkuwuh lgk;rk odhy ¼,y,lh½ ds ikl
D;ksa x;s\
1- izkbZosV odhy djus ds fy, lalk/kuksa dk u gksuk
2- ,y,lh dh dkuwuh lsokvksa dh xq.koŸkk
3- fe=@fj”rsnkj us lq>ko fn;k
4- vU; ¼fy[ksa½
5- dksbZ jk; ughaA
?k- ml ekeys@fookn ds fooj.k ftlds fy, dkuwuh lgk;rk dk nkok fd;k gS ¼ekeys
ds fooj.k nsa½
1- flfoy 2- vijkf/kd 3] tk;nkn@tehu 4- O;kikj 5- dksbZ jk; ugha
³- D;k dkuwuh lgk;rk ikus ds fy, vkosnu djus gsrq ,Q,y,,l ds varxZr lsok izkIRk
djus dh izfØ;k vklku gS\
gk¡ ugha dksbZ tokc ugha
;fn ugha] rks dkuwuh lgk;rk gsrq vkosnu djus esa D;k leL;k Fkh\--
-----------------------------------------------------------------------------------------------------------------------------------------------
p- D;k fof/kd lsok izkf/kdj.k ¼,y,l,½ us vkidh lgk;rk djus ds fy, rqjar vkSj
tYnh ls dkjZokbZ dh\
gk¡ ugha dksbZ tokc ugha
;fn ugha] rks ,y,l, ls dkuwuh lgk;rk ikus esa gqbZ nsjh ds dkj.k D;k Fks\
---------------------------------------------------------------------------------------------------------------------------------------------------
N- fu%’kqYd dkuwuh lgk;rk ikus ds fy, ,y,l, ls laidZ djus ls igys D;k vkius
izkbZosV odhy ls laidZ fd;k Fkk\
gk¡ ugha dksbZ tokc ugha
<- D;k ,y,lh }kjk iznku dh x;h lykg vkSj vU; lgk;rk vkids fy, mi;ksxh Fkh\
gk¡ ugha dksbZ tokc ugha
;fn gk¡] rks vkids }kjk izkIRk dh x;h lykg vkSj vU; lgk;rk vkidks vius fookn dks
rS;kj djus gsrq fdruh mi;ksxh Fkh\
1-dkQh mi;ksxh 2- mi;ksxh 3- csdkj 4- dksbZ jk; ugha
.k- D;k ,y,lh us vkids ekeys dh fLFkfr vkSj vkxs dh dkjZokbZ ds ckjs esa vkidks Li"V
crk;k\
gk¡ ugha dksbZ tokc ugha
r- tc vki vius ekeys ds ckjs esa ,y,lh dks crkrs gSa] rks D;k og /;ku ls lqurs gSa\
gk¡ ugha dksbZ tokc ugha
;fn gk¡] rks vki ml ckrphr dks dSLkk ikrs gSa\
1- dkQh larq’V 2- larq’V 3- larq’V ugha 4- dkQh vlarq’V 5- dksbZ jk; ugha
254
Fk- ,y,lh }kjk vius eqcfDdy ds ekeyksa dks U;k;k/kh’k@eSftLVªsV ds le{k fdruh
vPNh rjg ls j[kk x;k%
1-dkQh larks’ktud <ax ls 2- larks’ktud <ax ls 3- cqjh rjg 4- cgqr cqjh rjg 5- dksbZ
jk; ugh
/k- vkids ekeys esa vk;s fu.kZ; dks vki dSls ns[krs gSa\
1- dkQh larks’ktud 2- larks’ktud 3- vlarks’ktud
4- dkQh vlarks’ktud 5- dksbZ jk; ugha
u- U;k;ky; dh dk;Zokfg;ksa esa 'kkfey gksus ds fy, D;k ,y,lh us vki ls iSls ekaxs\
gk¡ ugha dksbZ tokc ugha
c- l
quokbZ ds nkSjku ykHkkfFkZ;ksa }kjk ,y,l, ls ,y,lh dh f’kdk;r@
fVIi.kh djuk%
gk¡ ugha dksbZ tokc ugha
;fn gk¡] rks lquokbZ ds nkSjku ykHkkfFkZ;ksa }kjk fdruh f’kdk;rsa ntZ djkbZ x;ha\
1- 1&5 2- 6&10 3- 10 ls vf/kd
,y,lh dh lsokvksa ls lacaf/kr ykHkkfFkZ;ksa dh f’kdk;[email protected];ksa dh izd`fr%
1- Lkgh rdZ u ns ikus ds fy, psrkouh
2- rdZ izLrqr djus ds fy, miyC/k u gksuk
3- ckj&ckj LFkxu pkguk
4- fu’iknu ds fy, iz”kalk pkguk
5- rdZ izLRkqr djus ds fy, rS;kj u gksuk
6- vius dfu’Bksa ;k vU; O;fDr;ksa dks Hkstuk
7- dkuwuh lsokvksa ds fy, iSls dh ek¡x djuk
8- vU; dkj.k
256
o- D;k ,y,l, ds v/khu ,y,lh dh izfrc)rk vkSj fu"Bk ls vki larq’V gSa\
gk¡ ugha dksbZ tokc ugha
“k- vki ,y,lh dh izfrc)rk vkSj fu’Bk dks vki dSlk ekurs gSa\
1- dkQh fu’Bkoku
2- vkaf”kd rkSj ij fu’Bkoku
3- fu’Bkoku ugha
4- Dkuwuh lgk;rk lsokvksa ds mn~ns”;ksa dk fojks/kh
5- vU; ¼fy[ksa½
'k- D;k vki ,y,,l ds v/khu ,y,lh }kjk iznku dh x;h lsokvksa ls larq"V gSa\
gk¡ ugha dksbZ tokc ugha
l- D;k vki Hkfo"; esa nwljh lsokvksa ds fy, Hkh ,y,,l dk mi;ksx djuk pkgsaxs\
gk¡ ugha dksbZ tokc ugha
g- ;fn vkidks Hkfo’; esa Hkh igys tSlh leL;k vkrh gS] rks D;k vki igys okys ,y,lh
dh lsokvksa dk mi;ksx djuk pkgsaxs\
gk¡ ugha dksbZ tokc ugha
{k- vki ,y,lh }kjk iznku dh x;h lsokvksa dks dSlk ikrs gSa\
K- dkuwuh lgk;rk iz.kkyh ds fy, D;k vki dkuwuh dk;ZdrkZvksa ds LFkk;h laLFkku ds
l`tu dk leFkZu djrs gSa\
1- tksjnkj flQkfj”k 2- flQkfj”k 3- flQkfj”k ugha djuk 4- dksbZ fVIi.kh ugha
fiz; egksn;@egksn;k]
ueLdkjA
eSa- MkW- thr flag eku] ,lksfl,V izksQslj ¼fof/k½] jk’Vªh; fof/k fo”ofo|ky;] fnYyh] fo”ofo|ky;
vuqnku vk;ksx vuqla/kku iqjLdkj ¼fof/k½ 2014 ds varxZr fnYyh esa fu%”kqYd dkuwuh
lgk;rk lsokvkas ij ,d vuqla/kku ifj;kstuk “kq: dj jgk g¡wA bl ifj;kstuk dks fnYyh
esa dkuwuh lgk;rk iz.kkyh ds varxZr iznku dh tkus okyh dkuwuh lsokvksa dk ewY;kadu
djus ds fy, rS;kj fd;k x;k gSA bl ifj;kstuk dk eq[; mn~ns”; dkuwuh lgk;rk iz.kkyh
ds dk;Zpkyu esa vkus okyh ck/kkvksa dks mtkxj djuk rFkk mu leL;kvksa dk O;ogk;Z lek/
kku djuk gSA bl ifj;kstuk ds varxZr izkIr dh x;h lwpuk dks xqIr j[kk tk,xk rFkk bldk
mi;ksx dsoy vdknfed mn~ns”;ksa ds fy, fd;k tk,xkA bl MsVk dk mi;ksx dkuwu dh f”k{kk
vkSj Hkkjr esa dkuwuh lgk;rk iz.kkyh esa fof/kd vuqla/kku ds lao/kZu ds fy, fd;k tk,xkA
iz”ukoyh esa uke vkSj laidZ fooj.k ntZ djuk ,sfPNd gSA fdlh O;fDr ds C;kSjs ds cxSj izkIRk
iz”ukoyh dks dsoy MsVk ds rkSj ij fy;k tk,xkA
vkils vuqjks/k gS fd d`Ik;k fu%”kqYd dkuwuh lgk;rk lsokvkas ls lacaf/kr fuEufyf[kr y?kq
iz”ukoyh dks iwjk djsaA bl ij vkids cgqewY; le; esa ls 10 feuV ls vf/kd ugha yxsaxsA
uke%
'kSf{kd ;ksX;rk%
EkSf[kd ;ksX;rk fdl laLFkku ls izkIRk dh%
d- fo’ks"kKrk@vfHk#fp dk {ks=%
1- flfoy dkuwu 2- vkijkf/kd dkuwu 3- dkjiksjsV dkuwu 4 vU; ¼fy[ksa½
?k- fof/kd lsok izkf/kdj.k ds lkFk ,y,lh us fdruh ckj dke fd;k\
1- 01 ckj 2- 02 ckj 3- 03 ckj 4- 04 ckj 5- 04 ckj ls vf/kd
260
p- ,y,lh dh izSfDVl esa ,d lIrkg esa [kpZ fd;k x;k le; ¼?kaVksa esa½%
1- 2&5 2- 6&9 3- 10&15 4- 15 ls vf/kd 5- “kwU;
N- izkbZosV izSfDVl esa ,d lIrkg esa [kpZ fd;k x;k le; ¼?kaVksa esa½%
1- 1&10 2- 11&20 3- 21&30 4- 31&40 5- 40 ls vf/kd
t- fu%’kqYd dkuwuh lgk;rk lsokvksa ls tqM+us ls igys vkius futh izSfDVl fdl Qksje
esa dh rFkk dqy fdrus ekeys ¼vf/kdrj½ ns[ks\
Qksje Ekkeyksa dh la[;k
mPpre U;k;ky; 1- 1&10 2- 11&25 3- 26&50 4- 50 ls vf/kd 5- “kwU;
mPp U;k;ky; 1- 1&10 2- 11&25 3- 26&50 4- 50 ls vf/kd 5- “kwU;
fopkj.k U;k;ky; 1- 1&10 2- 11&25 3- 26&50 4- 50 ls vf/kd 5- “kwU;
vf/kdj.k 1- 1&10 2- 11&25 3- 26&50 4- 50 ls vf/kd 5- “kwU;
vU; ¼fy[kas½ 1- 1&10 2- 11&25 3- 26&50 4- 50 ls vf/kd 5- “kwU;
>- dkuwuh lgk;rk lsokvksa ls tqM+us ls igys Lora= :Ik ls fdl rjg ds ekeys ¼vf/
kdka’k½ ns[ks\
Ekkeys Ekkeyksa dh la[;k
flfoy 1- 1&25 2- 26&50 3- 51&75 4- 76&100 5- 100 ls vf/kd
vkijkf/kd 1- 1&25 2- 26&50 3- 51&75 4- 76&100 5- 100 ls vf/kd
vU; ¼fy[ksa½ 1- 1&25 2- 26&50 3- 51&75 4- 76&100 5- 100 ls vf/kd
´- ,y,lh ds rkSj ij tqM+us ls igys fdlh ofj"B dkuwuh dk;ZdrkZ ds lkFk dqy
fdrus ekeys ¼yafcr ekeyksa lfgr½ ns[ks\
Ekkeys Ekkeyksa dh la[;k
flfoy 1- 1&25 2- 26&50 3- 51&75 4- 76&100 5- 100 ls vf/kd
vkijkf/kd 1- 1&25 2- 26&50 3- 51&75 4- 76&100 5- 100 ls vf/kd
vU; ¼fy[ksa½ 1- 1&25 2- 26&50 3- 51&75 4- 76&100 5- 100 ls vf/kd
V- ,y,lh ds rkSj ij tqM+us ls igys ofj’B dkuwuh dk;ZdrkZ ds lkFk ns[ks x;s
ekeyksa ¼yafcr ekeyksa lfgr½ ds fooj.k%
B- dkuwuh lgk;rk lsokvksa ls tqM+us ls igys Lora= :Ik ls fdrus ekeys ns[ks\
1- 1&25 2- 26&50 3- 51&75 4- 76&100 5- 100 ls vf/kd
.k- ,y,l, dh lsokvksa ls tqM+rs le; D;k vkius dksbZ izf’k{k.k izkIr fd;k\
1- gk¡ 2- ugha 3- dksbZ tokc ugha
r- D;k ,y,l, }kjk vkidks ,y,,l ls lacaf/kr lgk;rk iqfLrdk iznku dh x;h gS\
1- gk¡ 2- ugha 3- dksbZ tokc ugha
Fk- ,y,lh ds rkSj ij lwfpc)rk ds ckn iznku dh x;h dkuwuh lsokvksa ds fooj.k%
1- ftyk U;k;ky; ¼v/khuLFk U;k;ky;½%
d- vkijkf/kd U;k;ky;% 1- f”kdk;rh ekeyk lEEku Hkstus rd 2- f”kdk;rh
ekeyk okjaV Hkstus rd 3- lS”ku ekeyk vkthou dkjkokl rd
4- vihy 5- vU; ¼fy[ksa½
[k- flfoy u;k;ky;%
1- eqdnek nk;j djuk 2- fMØh ls vihy 3- leh{kk
4- dsoy lykg 5- vU; ¼fy[ksa½
2- vf/kdj.k ¼crk,aa ½%
1- vkonsu djuk 2- vihy 3- vU; ¼fy[ksa½
3- fnYyh mPp U;k;ky;%
1- vkys[ku ,oa vfHkopu 2- fjV ;kfpdk ij dke djuk
3- vihy ij dke djuk 4- dsoy lykg 5- vU; ¼fy[ksa½
4- mPpre U;k;ky;%
1- vkys[ku ,oa vfHkopu 2- fjV ;kfpdk ij dke djuk
3- vihy ij dke djuk 4- dsoy lykg 5- vU; ¼fy[ksa½
/k- ,y,lh ds rkSj ij dk;Z djrs le; Qksje esa yafcr ekeyksa ¼vf/kdka’k½ ds fooj.k%
Ekkeys Ekkeyksa dh la[;k
mPpre U;k;ky; 1- 1&10 2- 11&25 3- 26&50 4- 51 ls vf/kd “kwU;
mPp U;k;ky; 1- 1&10 2- 11&25 3- 26&50 4- 51 ls vf/kd “kwU;
fopkj.k U;k;ky; 1- 1&10 2- 11&25 3- 26&50 4- 51 ls vf/kd “kwU;
vf/kdj.k 1- 1&10 2- 11&25 3- 26&50 4- 51 ls vf/kd “kwU;
vU; ¼fy[ksa½ 1- 1&10 2- 11&25 3- 26&50 4- 51 ls vf/kd “kwU;
o- D;k fof/kd lsok izkf/kdj.k }kjk ,y,lh ds f[kykQ dksbZ dkjZokbZ dh x;h\
1- gk¡ 2- ugha 3- dksbZ tokc ugha
;fn gk¡] rks dkjZokb;ksa la[;k% 1- 01 2- 02 3- 03
,y,l, }kjk dh x;h vuq’kklfud dkjZokbZ dh izd`fr%
1- fuyacu
2- fu’dklu
3- Pksrkouh
4- cnyuk
5- naM
6- vU;
7- dqN ugha
“k- ,y,lh }kjk eqofDdyksa ls ckrphr djus esa vkus okyh dfBukb;ka%
1- volajpuk
2- ekuns;
3- ,y,lh dk vius gh ekeyksa ¼izSfDVl½ esa O;Lr gksuk
4- ykHkkfFkZ;ksa dk #[k
5- ,y,l, dk O;ogkj
6- vU;
7- dksbZ ugha
'k D;k vki fof/kd lsok izkf/kdj.k }kjk iznku fd;s x;s ekuns; ¼lHkh ekeyks ds fy,½
ls larq"V gaSa\
1- dkQh larks’ktud 2- larks’ktud 3- dkQh vlarks’ktud 4- vlarks’ktud 5- dksbZ
jk; ugha
265
l- vki ,y,lh }kjk iznku dh x;h dkuwuh lsokvksa dks dSlk ikrs gSa\
1- cgqr vPNk 2- vPNk 3- Bhd 4- csdkj 5- cgqr csdkj
rdkZsa dh xq.koŸkk
izLrqfr@vfHkO;fDr
dh xq.koŸkk
vkys[ku dkS”ky dh
xq.koŸkk
Lkarqf’V dk Lrj ¼lexz½
mu O;fDr;ksa] tks fu%’kqYd dkuwuh lgk;rk ikus ds ik= gSa] ijarq mUgksaus ;s lsok,a
ugha yha@fu%’kqYd dkuwuh lgk;rk iz.kkyh esa yxs ,uthvks@flfoy lkslk;Vh ds fy,
ç’ukoyh
fiz; egksn;@egksn;k]
ueLdkjA
eSa- MkW- thr flag eku] ,lksfl,V izksQslj ¼fof/k½] jk’Vªh; fof/k fo”ofo|ky;] fnYyh] fo”ofo|ky;
vuqnku vk;ksx vuqla/kku iqjLdkj ¼fof/k½ 2014 ds varxZr fnYyh esa fu%”kqYd dkuwuh
lgk;rk lsokvkas ij ,d vuqla/kku ifj;kstuk “kq: dj jgk g¡wA bl ifj;kstuk dks fnYyh
esa dkuwuh lgk;rk iz.kkyh ds varxZr iznku dh tkus okyh dkuwuh lsokvksa dk ewY;kadu
djus ds fy, rS;kj fd;k x;k gSA bl ifj;kstuk dk eq[; mn~ns”; dkuwuh lgk;rk iz.kkyh
ds dk;Zpkyu esa vkus okyh ck/kkvksa dks mtkxj djuk rFkk mu leL;kvksa dk O;ogk;Z lek/
kku djuk gSA bl ifj;kstuk ds varxZr izkIr dh x;h lwpuk dks xqIr j[kk tk,xk rFkk bldk
mi;ksx dsoy vdknfed mn~ns”;ksa ds fy, fd;k tk,xkA bl MsVk dk mi;ksx dkuwu dh f”k{kk
vkSj Hkkjr esa dkuwuh lgk;rk iz.kkyh esa fof/kd vuqla/kku ds lao/kZu ds fy, fd;k tk,xkA
iz”ukoyh esa uke vkSj laidZ fooj.k ntZ djuk ,sfPNd gSA fdlh O;fDr ds C;kSjs ds cxSj izkIRk
iz”ukoyh dks dsoy MsVk ds rkSj ij fy;k tk,xkA
vkils vuqjks/k gS fd d`Ik;k fu%”kqYd dkuwuh lgk;rk lsokvkas ls lacaf/kr fuEufyf[kr y?kq
iz”ukoyh dks iwjk djsaA bl ij vkids cgqewY; le; esa ls 10 feuV ls vf/kd ugha yxsaxsA
uke%
firk dk uke%
irk%
vk;q%
O;olk;%
iq#’k@efgyk
d- fu%’kqYd dkuwuh lgk;rk iz.kkyh ds v/khu ykHkksa ds ckjs esa tkx:drk%
1- tkurs gSa 2- ugha tkurs gSa 3- dksbZ tokc ugha
[k- fu%’kqYd dkuwuh lgk;rk iz.kkyh ds v/khu ykHk izkIr djus dh izfØ;k ds ckjs esa
tkurs gSa%
1- tkurs gSa 2- ugha tkurs gSa 3- dksbZ tokc ugha
267
x- D;k vki fu%’kqYd dkuwuh lgk;rk izkIr djus ds fy, ik= gSa\
1- gk¡ 2- ugha a 3- dksbZ fVIi.kh ugha
?k- d
kuwuh lgk;rk iz.kkyh ds v/khu dkuwuh lgk;rk odhy ¼,y,lh½ dh lsok,a u ysus
ds dkj.k%
1- l{kerk dk vHkko
2- izLrqfr dkS”kyksa dk vHkko
3- vkys[ku dkS”kyksa dk vHkko
4- futh vuqHko dh deh
5- O;oLFkk esa fo”okl u gksuk
6- miyC/k u gksuk
7- ,y,,l ds izfr izfrc)rk vkSj bZekunkjh dh deh
8- ykHk ikus ds fy, tfVy izfØ;k
9- drZO;ksa dh mis{kk ds fy, ,y,lh dh tokcnsgh u gksuk
10- ,y,lh ij fo”okl dk vHkko
11- ykHk ikus ds fy, ;kstuk vkSj izfØ;k dh tkudkjh u gksuk
12- vU; ¼fy[ksa½
N- D;k vkius vius fgrksa dh j{kk ds fy, izkbZosV odhy fd;k gS\
1- gk¡a 2- ugha 3- dksbZ fVIi.kh ugha
´- dkuwuh lgk;rk iz.kkyh ds fy, D;k vki dkuwuh dk;ZdrkZvksa ds LFkk;h laLFkku ds
l`tu dk leFkZu djrs gSa\
1- tksjnkj flQkfj”k 2- flQkfj”k
3- flQkfj”k ugha djuk 4- dksbZ fVIi.kh ugha
V- dkuwuh lgk;rk lsok,a ysrs le; O;fDr;ksa ds lkeus vk;s izeq[k en~ns%
1-
2-
-
B- dkuwuh lgk;rk iz.kkyh ds varxZr bZ,yih }kjk iznku dh tk jgh lsokvksa esa lq/kkj
gsrq lq>ko@ flQkfj’ksa%
1-
2-